The overlap between planning and environmental laws was displayed in a recent Magistrates Court proceeding with one of our clients. The Shire of Augusta Margaret River (Shire) prosecuted two parties for carrying out unlawful development under the Planning and Development Act 2005 (WA) (PD Act).

A recent decision of Justice Strk in The Owners of Smiths Beach Resort Strata Plan 49006 v Hadley [2004] WASC 137 provides a useful example of the Court’s ability to issue orders compelling a party to undertake a certain act, within a very short timeframe.