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ARELJ - Case Note - Judgement Clarifies Extent of Non-Conforming Use Protections

Brent Lillywhite, Marisa Taliangis, and Radhika Kayarat
Partner, Consultant, and Lawyer, Corrs Chambers Westgarth

In Shire of Murray v IVO Nominees Pty Ltd [2020] WASCA 45, the Court of Appeal in the Supreme Court of Western Australia found that the clearing of bushland and digging of a drain for agricultural purposes was not protected by the non-conforming use provisions under the local planning scheme. The Court reasoned that as these activities involved the physical alteration of the land, as opposed to the use of land, they fell outside the protections of the applicable nonconforming use provisions, and instead required planning approval. This decision will be relevant to those in the resources industry relying on the protections provided by non-conforming use provisions to carry out their extractive industry activities.

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