The limits on non-conforming use exemptions in planning approvals in WA

In Shire of Collie v Smargiassi Nominees Pty Ltd [2017] WASC 238 the accused was successful in defending the charge at first instance by asserting that the use of the land for storage was either a continuation of a non-conforming use right or the development had the benefit of approval or it had an honestly-held belief that such approval existed. The decision was overturned on appeal.

Smargiassi Nominees Pty Ltd was charged with breaching s.218(a) of the Planning and Development Act 2015, in that they carried out development, namely the use of the land for storage of scrap mental, skip bins, car bodies, old machinery, timber, builder's rubble and construction materials, without having first applied for and obtained the planning approval of the Shire of Collie. The offence period was from 1 March 2014 to 12 January 2015.