The Executor Of the Estate Of Terence Keith Haigh and Mary Patricia Haigh and Western Australian Planning Commission

The matter involved an application for review of planning decisions made by the Western Australian Planning Commission (WAPC) and the Shire of Murray, regarding the approval of mooring poles in the Peel River. Terence Keith Haigh, the applicant, sought to install the poles but was refused by both the WAPC and the Shire, citing regional planning schemes. Mr Haigh died before the decision was made, and his wife and executrix, Mary Patricia Haigh, continued the review. The court had to determine if the proceedings should be halted due to Mr Haigh's death and whether the applications could be transferred to his wife. Additionally, the court had to decide if the refusals to grant planning approval were justified.

The court found that the applications to both the WAPC and the Shire were personal to Mr Haigh and could not be transferred to his wife. As a result, the proceedings abated due to his death. The court also determined that the refusals to grant planning approval were consistent with the Peel Region Scheme and the Shire of Murray Town Planning Scheme No 4, which aim to prevent further degradation of the river and its waterways. The policy of halting development to preserve the river's conservation, recreation, and visual amenity aspects was not departed from by the regulatory authorities. The court found no evidence that the refusals were unreasonable or that the applications should be amended to include Mrs Haigh.

Given the abatement of the proceedings due to Mr Haigh's death and the meritless nature of the review applications, the court dismissed the applications for review and the decisions under review. The court emphasised the importance of adhering to planning policies aimed at protecting the Peel River and its surroundings.