PRESIDING MEMBER OF THE SOUTHERN JOINT DEVELOPMENT ASSESSMENT PANEL -v- DCSC PTY LTD [2018] WASCA 213

SUPREME COURT OF WESTERN AUSTRALIA
[2018] WASCA 213
THE COURT OF APPEAL (WA)
N/A
CACV 57/2018
5 NOVEMBER 2018
BUSS P
MURPHY JA
MITCHELL JA
03/12/2018
Perth
Appeal allowed Cross-appeal dismissed Respondent's application in an appeal dismissed
A
PRESIDING MEMBER OF THE SOUTHERN JOINT DEVELOPMENT ASSESSMENT PANEL
DCSC PTY LTD
Planning and Development
Whether preliminary decision by State Administrative Tribunal as to classification of proposed land use under a local planning scheme has binding effect or gives rise to accrued rights
Effect of amendment to local planning scheme
Whether in making final decision as to whether development approval should be granted the Tribunal is required to have due regard to the provisions of the local planning scheme as amended
Authority of the presiding member of a development assessment panel to institute an appeal
Interpretation Act 1984 (WA), s 37
Planning and Development (Development Assessment Panels) Regulations 2011 (WA), reg 18
Planning and Development Act 2005 (WA), s 241, s 252
State Administrative Tribunal Act 2004 (WA), s 27, s 29, s 31, s 36, s 51A, s 105
N/A
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