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Common questions in relation to land use conflict and how it can arise

With the growing demand for inner-city living and urban encroachment on the rural fringe there are many considerations for balancing competing demands from existing developments and new proposals. As new developments arise, these often come into conflict with existing land uses including potential dust, noise, odour and amenity impacts. A new development proposal will create […]

Common questions about becoming involved in planning proceedings

There are generally no third-party appeal rights in relation to planning decisions in Western Australia. Only the applicant for planning approval or a person to whom a direction or notice is given by a planning authority may appeal to the State Administrative Tribunal (SAT). In some limited circumstances it may also be possible to seek […]

Common questions in relation to contaminated sites and responsibility for remediation

The Contaminated Sites Act 2003 (WA) is the primary legislation in Western Australia which provides when land is classified as contaminated and establishes a hierarchy for remediation responsibilities. The contamination of land is an important consideration, whether it arises prior to the purchase of land, due to particular land uses such as petrol stations, or […]

Proclamation of amendments to the Environmental Protection Act 1986 (WA)

Today further amendments to the Environmental Protection Act 1986 (WA) were proclaimed. This second stage of amendments affects the environmental impact assessment process and regulation for the clearing of native vegetation. A further stage of amendments remains to be proclaimed. These future amendments relate to the implementation of a new ‘prescribed activity’ licensing regime. For a […]

Glen McLeod Legal adopts Equitable Briefing Policy

Glen McLeod Legal is pleased to have adopted the Law Council of Australia’s ‘Equitable Briefing Policy’. Whilst the firm has always been conscious and supportive of briefing women barristers, it has decided to formalise this signing up to the policy. The policy is intended to drive cultural change within the legal profession by encouraging firms […]

When does an amendment to a planning application render it a new application?

Carrooda Pty Ltd v City of Gosnells [2021] WASAT 73 Background Carrooda Pty Ltd and Sansom Nominees Pty Ltd (Applicants) submitted a development application (Application) to the City of Gosnells (Respondent) under the City of Gosnells Local Planning Scheme No. 6 (LPS 6). The development application was for the erection of a 4.45m by 18.99m, […]

Challenging Heritage Conservation Notices in the State Administrative Tribunal

Sanur Pty Ltd and City of Subiaco [2021] WASAT 90 This was an appeal to the State Administrative Tribunal considering the issues of whether the City of Subiaco could lawfully issue two building orders and two heritage conservation notices with respect to two neighbouring properties that were not fit for human occupation, in a dangerous […]

Presentation of award to Jess Hamdorf

The Mahla Pearlman Oration and award, honour the memory of the late Honourable Mahla Pearlman AO, the former Chief Judge of the Land and Environment Court of New South Wales (1992-2003), and former President of the Law Council of Australia (1989-90). This year’s event included the presentation of the 2021 Mahla Pearlman Australian Young Environmental […]