Published on Friday, 20 February 2026 at 3:46:15 PM

The Shire has welcomed the recent outcome of planning compliance proceedings in the Magistrates Court, as an important reminder to all landowners and businesses of their obligations under Western Australia’s planning and building laws.

In the recent matter, prosecution occurred as a result of operations that had occurred which were otherwise not permitted under the development approval. Works had also been undertaken at the property, without planning and building approvals. 

While planning prosecutions are never undertaken lightly, enforcement action plays a critical role in maintaining fairness, safety, and confidence in the planning system. 

In this case, the Court imposed significant penalties for unauthorised development works, breaches of development approval conditions, and the carrying out of activities beyond the scope of an issued approval. 

The Shire reminds the community that development approvals are not optional, nor are they flexible permissions that can be exceeded. Landowners must ensure that all prerequisite planning and building approvals are obtained before development commences, and that land continues to be used in accordance with the approvals that have been granted. 

This outcome reinforces the principle that retrospective approvals cannot be relied upon as a substitute for lawful process, and that non-compliance carries real legal and financial consequences – in this case a court imposed fine of $180,000.

The Shire remains committed to working constructively with applicants to achieve compliant outcomes, but will take enforcement action where necessary to protect the integrity of the planning system and the broader community interest.

For more information on planning in the Shire, head to Planning, Building and Roads » Shire of Serpentine Jarrahdale 

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