Share on LinkedInShare on LinkedIn

ARTICLE · 10 FEBRUARY 2016

Yes, but… - Getting approval conditions right

There are fundamental questions that you can ask in determining whether an approval condition meets the legal tests.

AustraliaReal Estate and Construction

Key Points:

Although there are no hard and fast rules for what is a lawful condition, there are fundamental questions that you can ask in determining whether a condition meets the legal tests.

It is very rare for a planning or environmental approval to be given without conditions being imposed. Decision-makers often allude to their approvals having "the most", "the most stringent" or "the most rigorous" conditions.

Conditions are often described as the community price of an approval, and can be just as much about communicating to stakeholders the justification for the approval and how its impacts will be managed. Conditions can also determine whether a project is feasible, and will proceed.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from