Prast v Town of Cottesloe

The High Court of Australia considered an appeal by Mr Prast against the Town of Cottesloe concerning a dispute over the construction of a retaining wall. Mr Prast sought to build a retaining wall on his property, which bordered land owned by the Town of Cottesloe. The Town refused to grant permission for the construction, citing concerns about the wall's impact on the adjoining land and the potential for it to encroach onto public property. Mr Prast contended that the Town's refusal was unreasonable and sought a declaration that he was entitled to construct the wall.

The central legal issue before the High Court was whether the Town of Cottesloe had acted unlawfully in refusing to grant permission for Mr Prast to construct the retaining wall. This involved determining the scope of the Town's powers and obligations under relevant local government legislation and planning schemes, particularly in relation to private property development that might affect public land. The Court also had to consider the principles of administrative law governing the exercise of discretionary powers by local authorities.

The High Court ultimately found in favour of Mr Prast. The Court reasoned that the Town had failed to provide adequate justification for its refusal, and that its decision was based on considerations that were not relevant to the exercise of its statutory powers. The Court emphasised that local authorities must act reasonably and in accordance with the law when making decisions that affect the rights of individuals. The Town's concerns about potential future issues or hypothetical encroachments were not sufficient grounds to refuse permission for a structure that, on the evidence, complied with relevant planning requirements and did not demonstrably encroach on public land.

The High Court ordered that the Town of Cottesloe grant permission for the construction of the retaining wall.