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ARTICLE · 04 APRIL 2014

Planning offences in WA - more time to prosecute

Kott Gunning
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The Court resolved the issue of the limitation period for prosecuting offences under the Planning and Development Act.

AustraliaReal Estate and Construction
Anne Wood
Anne Wood
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The Supreme Court has recently resolved an issue concerning the limitation period for prosecuting offences under the Planning and Development Act 2005.

In Mocilac v City of Fremantle [2014] WASC 56 ("Mocilac"), in which Kott Gunning appeared for the successful Respondent council the court held that:

  • The prosecution does not have to prove the alleged date of the offence which appears on the prosecution notice; and
  • Planning offences are continuous even where the offence relates to a built development.

There had been uncertainty about whether the limitation period (in planning offences 12 months) runs from the date of discovery of an unauthorised structure (for example) or the date of the completion of the construction of the unauthorised structure.

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