Planning and Environment Court found not to be the responsible entity for a change application

In brief

The case of Becker v Brisbane City Council [2017] QPEC 71 concerned an originating application to the Planning and Environment Court (Court) to change a development approval under section 78 of the Planning Act 2016 (Planning Act).

The Court held that every word of section 78 must be given meaningful operation and construed in the context of Chapter 3, Part 5, Division 2, Subdivision 2 and section 48 of the Planning Act.

The Court ultimately found that the Brisbane City Council (Council) was the responsible entity for the change application and declined to exercise its discretion to hear the application.

The Applicant questioned to whom the change application should be made