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State Administrative Tribunal
State Administrative Tribunal

Planning decisions

SAT can review decisions made by:

  • a local government or the WAPC under the Planning and Development Act 2005, including a refusal to grant approval for development under a planning scheme, interim development order or planning control area;
  • a DAP under the Planning and Development (Development Assessment Panels) Regulations 2011in relation to an application for development;
  • a local government under the local planning schemes deemed to apply under the Planning and Development (Local Planning Schemes) Regulations 2015, including a decision not to approve a structure plan;
  • the WAPC under the Planning and Development Regulations 2009in relation to covenants imposed because of a road access condition of subdivision;
  • the MRA under the Metropolitan Redevelopment Authority Act 2011and Metropolitan Redevelopment Authority Regulations 2011, including a decision on an application for development approval,
  • the WAPC under the Hope Valley-Wattleup Redevelopment Act 2000in relation to development or proposed development within the Hope Valley-Wattleup redevelopment area.

Heritage considerations in planning decisions

Heritage considerations on planning matters are generally based on identified Heritage Council or State policies, such as State Planning Policy 3.5, Historic Heritage Conservation.

State Planning Policy 3.5, Historic Heritage Conservation (SPP3.5), sets out the principles of sound and responsible planning for heritage protection. It can act as a default policy for local governments in relation to heritage, and is usually given significant weight in any determination by SAT.

The Heritage Council of Western Australia has developed policies and guidelines to give guidance to decision-makers and custodians of heritage places.

Any scheme amendment or new local planning scheme should be referred to the Heritage Council for advice.

Last updated: 22 August 2023

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