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ARTICLE · 18 OCTOBER 2012

Compensation for error: 23/12 Raftopoulos v Brisbane City Council [2012] QCA 84

Norton Rose Fulbright Australia
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This judgment was an application for compensation for an alleged error in a planning and development certificate.

AustraliaReal Estate and Construction
Michael Walton
Michael Walton
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Court of Appeal – Muir and Chesterman JJA and P Lyons J

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Application for leave to appeal - compensation under section 5.45 of the Integrated Planning Act 1997 for an alleged error in a planning and development certificate - nature and function of planning and development certificates as opposed to development approvals

Facts: The applicant in this case had obtained (in August 2007) a development permit for a material change of use (under the Integrated Planning Act 1997 (IPA), for multi-unit dwellings. He did not seek to challenge the conditions of approval via written representations for a negotiated decision notice, or otherwise via a request to have the conditions changed.

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