Planning and Environment Court declares non-compliance due to electronic error during public notification

In brief

The cases of Townsville City Council v Queenston Pty Ltd; Townsville CC v Lautaret Pty Ltd [2017] QPEC 68 concerned originating applications by the Townsville City Council (Council) seeking a declaration in respect of the non-compliance with the public notification requirements under the Sustainable Planning Act 2009 (SPA) for each development application lodged with the Council by Queenston Pty Ltd and Lautaret Pty Ltd.

The Court declared that there was non-compliance with section 305(2) of the SPA, as the assessment manager could not accept submissions for the development applications during the public notification period due to an electronic error that occurred within the ePlanning portal, and section 314(3)(a) of the SPA because the assessment manager could not have regard to the contents of the properly made submissions which formed part of the common material for each development application.