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ARTICLE · 01 JUNE 2018

The Court approves a permissible change application

Colin Biggers & Paisley
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The Queensland Court accepted that the proposed changes did not result in a substantially different development.

AustraliaReal Estate and Construction
Nadia Czachor
Nadia Czachor
Ian Wright
Ian Wright

In brief: The case of Highgate Developments Pty Ltd v Sunshine Coast Regional Council [2017] QPEC 37 concerned a permissible change application made by an Applicant under section 369(1)(d) of the Sustainable Planning Act 2009 for a development approval contained in a previous order of the Court for the subdivision of land at Tramline Rise and Pope Avenue, Burnside.

There were two matters for the Court to determine. The first matter was whether there was effective service of the originating application in compliance with the statutory requirements and the second matter was whether the proposed changes were permissible changes within the meaning of section 367 of the Sustainable Planning Act 2009.

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