PLANNING CONDITION TO BE LODGED ON CERTIFICATE OF TITLE TO WARN BUYERS OF POTENTIAL ODOURS AND TRANSPORT NOISE
‘Buyer beware’ is perhaps one of the better known legal maxims. Even its Latin translation ‘caveat emptor’ is recognisable by many people. Hold that thought.
Land use conflict is becoming a more common phenomenon, particularly in these days of increasing urbanisation, on what was once the periphery of metropolitan areas, and infilling of former industrial areas with residential development.
This urban development and town planning phenomenon finds legal expression at the intersection of town planning and environmental law. This is a complex legal and policy area which has been of interest to this firm for many years, particularly because it affects both industrial and urban development clients.
A recent decision of the Supreme Court of Western Australia is of significance to the growing body of law and policy in this area. It overturned a decision of the State Administrative Tribunal (SAT), which held that memorials on title could not be applied to warn of a land use conflict between a small goods manufacturer and a major apartment development. A memorial on title can serve to warn prospective purchasers, engaged in a due diligence exercise, of a potential land use conflict.
The Supreme Court has overturned the SAT decision, with the effect that the SAT must re-decide the case. To read a brief summary and overview of the Supreme Court decision, please click here.