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ARTICLE · 02 MAY 2018

The stage of development is important when applying the deemed planning provisions

Kott Gunning
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Recent case provides guidance on which clause of Planning & Development regulations applies at different stages of development.

AustraliaReal Estate and Construction
Anne Wood
Anne Wood
Carol Hamilton
Carol Hamilton
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The Deemed Planning Provisions are new law, having come into effect in 2015. A new case, Baker Investments Pty Ltd and City of Vincent [2017] WASC 263 (Baker) provides guidance on which clause applies at different stages of development.

What effect do the Deemed Planning Provisions have?

The Planning and Development (Local Planning Schemes) Regulations 2015 came in to effect on 19 October 2015. These regulations contain deemed planning provisions which are deemed to be inserted into all Planning Schemes and apply to the extent of any inconsistencies. For detailed analysis of "inconsistency" in this context please see our previous article The R-Codes and the Deemed Provisions.

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