A recent decision in the Perth Magistrates Court has confirmed
that if planning approval has been granted for seven grouped
dwellings that an owner is not able to split any of the grouped
dwellings into two without first obtaining planning approval.
In the case decided in October, an owner either constructed or
knew of the construction of a partition in a corridor which
separated the single grouped dwelling into two. Each of those
dwellings was then separately rented out via residential tenancy
agreements.
The Court found that Planning Approval was required for that
development and convicted (after a trial) both the Company and the
Sole Director of failing to obtain Planning Approval prior to
carrying out development.
