Lapsed development approval revived where applicant misunderstood effect of related approvals.

IN BRIEF

The case of 1770 Nominees Pty Ltd v Gladstone Regional Council [2017] QPEC 59 concerned an application to the Planning and Environment Court seeking declarations and orders to extend the currency period of a development approval for a material change of use and to excuse non-compliance with section 341(1) of the Sustainable Planning Act 2009 (SPA).

The Applicant applied to the Council for operational works permits based on a mistaken understanding that this action would effectively extend the currency period of an earlier development approval for a material change of use.

The Court identified that by the time the Applicant applied for the operational works permits they were unrelated to the material change of use development approval and therefore failed to extend its currency prior to its lapse.