Unaothorised Development - Court Case Outcomes

Published on 15 October 2018

In the Busselton Magistrates Court on Tuesday 9 October 2018 local earth moving company BCP Materials Pty Ltd was convicted by Magistrate Mahon of engaging in unauthorised development and fined $75,000 and ordered to pay costs of $1,070. The City of Busselton prosecuted the company following investigations into sand extraction activities at Tutunup in January and February 2018, which were undertaken without having obtained development approval.

The extraction (or sand removal), occurred in an area for which development approval had been sought but not yet obtained. It was also outside of an area on the property which had an earlier approval. The maximum penalty possible under the Planning and Development Act 2005 for carrying out development without development approval is $250,000 for individuals and $1,000,000 for a company. City of Busselton

CEO Mike Archer said: “This case serves as a reminder that the planning approval framework needs to be respected and persons who undertake unauthorised development place themselves at risk of significant penalties”. Mr Archer reminded all developers whether they are engaging in clearing, building or sand extraction activities to obtain the necessary approvals before proceeding. “Don’t be tempted to take short-cuts,” he said. “Where we suspect due process has not be followed, we will investigate and pursue offenders to the courts if necessary. The City of Busselton Local Planning Scheme underpins our community’s future health, happiness and functionality and we will act to the full extent of our authority to ensure it is not compromised.”

Outcomes and objectives outlined in this statement align with Key Goal Area 3 in the City of Busselton’s Strategic Community Plan (2017): An environment that is valued, conserved and enjoyed. Ends.

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