Dermer v The Shire of Busselton

The plaintiffs, Dermer and Lingard, sought an interlocutory injunction against the Shire of Busselton and others to prevent the construction of a house by Fullarton on land adjacent to their own properties in Yallingup. The plaintiffs argued that the proposed building would obstruct their views and significantly affect the amenity of their properties, which they claimed was protected under the Shire's planning scheme and policies. The primary legal issues were whether the planning consent given by the Shire's delegate was valid and whether the Shire had breached its duty to consider the amenity of the plaintiffs' properties. The court found that there was a valid delegation of power to the Shire's delegate to grant planning consent. However, the court held that there was a serious question to be tried regarding whether the Shire had properly considered the impact on the plaintiffs' amenity and whether the planning consent was granted in compliance with the planning scheme and policies. The court granted an interlocutory injunction to prevent the construction from continuing during the period of an adjournment, allowing the plaintiffs to prepare their case further. The court noted that the balance of convenience favoured granting the injunction, as the plaintiffs would suffer irreparable injury if the construction proceeded without resolution of their claims.