The meaning of ‘dwelling’ and land use characterisation has been a recurrent theme in proceedings involving the Planning and Development Act 2005 (WA). The State Administrative Tribunal has again considered the issue in Mivianjama Pty Ltd and Shire of Mundaring [2022] WASAT 3 (Mivianjama). Traditionally, in determining land use, one is to have close regard to the precise activities undertaken on the land and then determine the land use objectively, by question of fact and degree.
