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ARTICLE · 27 FEBRUARY 2015

The importance of properly describing a development proposal

HopgoodGanim
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The P&E Court struck out the appeal, when the proposed development had been inadequately described in the public notice.

AustraliaReal Estate and Construction
Sarah Macoun
Sarah Macoun
Thomas Buckley
Thomas Buckley
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In the recent case of CQ Group Australia Pty Ltd v Isaac Regional Council, the Planning and Environment Court made a unique decision to strike out the appellant's appeal where the proposed development had been inadequately described in the public notice.1 The decision highlights the importance of properly describing a proposed development both in the application material and the public notice.

In this Alert, Partner Sarah Macoun and Associate Thomas Buckley discuss the case further.

Key points

  • A development application must be clearly described in a public notice by reference to the relevant planning scheme definitions.
  • Where the planning scheme definitions do not adequately encompass all the proposed uses of the land, care ought to be taken to ensure the description is sufficient to convey all components of the development such that an interested person would be put on notice and moved to search the development application at the local government's office,

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