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ARTICLE · 05 APRIL 2018

Court excused non-compliance with public notification requirements of a development application

Colin Biggers & Paisley
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The Court found that there had been non-compliance, but excused the non-compliance and ordered that the appeal proceed.

AustraliaReal Estate and Construction
Ronald Yuen (Formerly With Colin Biggers & Paisley)
Ronald Yuen (Formerly With Colin Biggers & Paisley)
Ian Wright
Ian Wright
Georgina Taylor
Georgina Taylor

IN BRIEF

The case of Telstra Corporation Ltd v Brisbane City Council & Ors [2016] QPEC 37 concerned an application in pending proceedings in the Planning and Environment Court. The Applicant sought orders that Telstra's development application for a development permit for a material change of use for a telecommunications facility at Paddington "was not publicly notified in a manner so as to comply with the Sustainable Planning Act 2009."

Telstra had appealed to the Court against the Brisbane City Council's decision to refuse the development application, which had proposed the demolition of an existing telecommunications monopole at 4 Hayward Street and a new, taller monopole being developed at 297A Given Terrace. The application in pending proceedings was supported by two other parties.

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