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ARTICLE · 30 AUGUST 2018

Thou shalt not pass … even though conditional approval says you can!

Kott Gunning
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Local government conditions on development approvals are generally imposed for good reason and can be difficult to vary.

AustraliaReal Estate and Construction
Carol Hamilton
Carol Hamilton
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Lord of the Rings puns aside, we understand that security concerns are a major issue for our community. Nevertheless, conditions imposed by local governments on development approvals are generally imposed for good reason, and it may take some compelling change in circumstances in order to have them varied or set aside.

In Cumming and Town of Cambridge [2018] WASAT 65 the Applicant obtained planning approval from the Metro West Joint Development Assessment Panel (DAP) for the construction of 19 multiple dwellings. There were to be 24 onsite car parking bays, 5 of which were to be allocated for visitor parking, located closest to the street, and were to be the first 5 bays on entry.

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