The Planning and Environment Court of Queensland granted an application for a minor change to a development approval that had been previously granted by the Court, pursuant to s 78 of the Planning Act 2016 (Qld). This required satisfaction of the requirements under s 79 of the Planning Act 2016 (Qld), particularly as to whether s 79(1A) required consent from all the owners of an area of land, where 53 lots had been already subdivided and sold. The Court deemed each of those lots excluded premises under s 79(1A) and found that it was impractical to obtain the consent of the owners of those lots, meaning the consent from each owner was not required. The Court recognised the requirement for owner consent operates to protect the interests inherent in ownership. However, a direct or indirect material effect on those lots was not identifiable. The change to the development approval was granted.

Timothy Stork acted for the Respondent in aspects of the change application, instructed by the Legal Services division of the Sunshine Coast Regional Council.

The judgment is published here.