Shire Successful in Enforcing Planning Controls

The Shire of Manjimup attended the Manjimup Magistrates Court on 24 March 2022 in relation to three prosecution matters regarding unauthourised development. The cases related to the unauthourised construction of two dams on two separate properties and unauthourised clearing of native vegetation on a third property.

Shire President Paul Omodei, commented “land owners are encouraged to contact Planning Services before undertaking any new land use or construction in order to determine whether development approval is required.”

When works or land use are carried out on land in the Shire of Manjimup Local Planning Scheme No. 4 area without having first obtained development approval of the local government, those works or use are contrary to Section 218(b) of the Planning and Development Act 2005 and the maximum penalty that can be issued is $200,000. It is recommended that advice be sought from the Shire as to whether planning approval is required, prior to commencing works or development on your property.

The responsible parties all entered a guilty plea in respect of the charges and after hearing the relevant facts and submissions of the parties and the legal representative of the Shire, the Court was satisfied that unlawful works were carried out and these represented an inadvertent breach of the Shire’s Local Planning Scheme.

“On this occasion all the landowners have received retrospective planning approval to legitimise the works, however, Shire Officers deemed the severity of these non-compliances warranted legal action, rather than a $500 infringement. The Court agreed that an infringement by the Shire would not be an adequate deterrence for the subject parties or other members of the community with regards to the works undertaken” the Shire President added.

The Court imposed penalties in the order of $8,000 and $10,000 for the two dams and $13,000 for the unauthourised clearing. All parties were also ordered to pay the Shire’s costs of $1,835.30 each.

-ENDS-

Authorised by Andrew Campbell, Chief Executive Officer
Contact Sheri Laba, Public Relations Officer

Contact for comment: Paul Omodei, Shire President
Contact: 0448 810 773