Level 5, 160 St Georges Terrace PERTH
This presentation will focus on the emergence of the power associated with community interests as part of the development assessment process. The legislative starting point is a system where there are no third party appeal rights in Western Australia. Despite lack of rights vested in the community, in respect of planning decisions, the emergence of communities’ influence has been seen in recent years with several successful judicial review applications in the Supreme Court. Planning authorities, particularly joint development assessment panels, are now inundated with deputations from community representatives, particularly, large projects, sometimes controversial, where significant exercise of discretion is required in order for an approval to be obtained.
This momentum is starting to gain traction with decision makers and also those that are charged with the responsibility of planning reform. The premise of the paper and associated discussion will be as with Gulliver’s Travels, the need to deal with the rising giant, lest the possible destruction of meritorious planning proposals.
1 points Competency 4 Substantive Law
Glen McLeod - Chair
Glen McLeod Legal
Adjunct Professor - Murdoch University
Partner & General Counsel