Our Local Government team discuss Onslow Marine Supply Base v Shire of Ashburton [2025] WASAT 24
A recent decision by the State Administrative Tribunal (Tribunal) has raised concerns about Local Governments' ability to refuse development approvals for works.
Understanding the Case
In Onslow Marine Supply Base v Shire of Ashburton [2025] WASAT 24,[1] the Tribunal reviewed the Shire of Ashburton's local planning scheme and determined that the Shire did not have sufficient grounds to refuse approval for works carried out by Onslow Marine Supply Base (OMSB) related to Chevron's gas platform decommissioning activities.
This decision may create challenges for Local Governments in preventing works that lack necessary approvals, even in cases where substantial work has already been undertaken.
The Background
The dispute revolved around OMSB's preparatory works for the decommissioning of Chevron's offshore gas platforms. In late 2023, OMSB began decommissioning activities, but the Shire claimed these works occurred without appropriate planning approvals. The Shire issued a direction to OMSB to stop the works, including installing a sub-surface liner and associated bund as part of a broader decommissioning project.
The Shire's refusal to grant retrospective development approval was based on the assertion that the works required approval, as they involved permanent alterations to the land, which constituted development. OMSB argued that the works were minor and did not significantly impact the land. However, the Shire maintained that the works involved excavation and substantial physical alterations that necessitated approval.
Despite the Shire's repeated advice, OMSB continued work on the containment bund without obtaining approval. On 8 December 2023, the Shire initiated formal compliance action, requiring OMSB to stop the "illegal development."
The Appeal
The case was brought before the Tribunal, which ruled to set aside the Shire's refusal and grant conditional approval for OMSB's work. This allows OMSB to proceed with its activities, as the directions that were impeding their operations have been nullified.
However, the Tribunal upheld the Shire's position that the decommissioning activities required approval, which had not been obtained. The Tribunal also dismissed OMSB's application for costs.
Is There Now a Loophole?
This ruling raises important questions about how Local Governments can enforce planning approvals for ongoing or completed works without necessary approvals. It suggests that once significant work has begun, Local Governments may struggle to halt further progress, complicating enforcement efforts. Local Governments will need to remain proactive in managing approvals and ensuring compliance to prevent similar challenges in the future.
Conclusion
This case highlights the complexities that arise when development projects proceed without proper approvals. Local Governments must review their processes to ensure planning and development regulations are followed, and they should remain vigilant in managing and enforcing these regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
