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Page of 9
CITE
Unreported Judgment
Appeal Determined (QCA)
Clark v Cook Shire Council[2006] QPEC 123Wilson DCJ
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Editorial Notes
Published Case Name:
Clark & Ors v Cook Shire Council
Shortened Case Name:
Clark v Cook Shire Council
MNC:
[2006] QPEC 123
Court:
QPEC
Judge(s):
Wilson DCJ
Date:
15 Dec 2006
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QPEC 123
15 Dec 2006
Application alleging error in procedure by Council in modifying planning schemes; contention is that this new, modified planning scheme is, in the words of s 16, significantly different from the previous version and Council is therefore required under s 16(2) IPA to recommence the public notification process; no ground for concluding, here, that it was unreasonable for the Council to determine that the changes were not significantly different from the scheme which was publicly advertised: A Wils
Leave to appeal granted an appeal dismissed with costs; claim sought declarations to the effect that the modifications made the modified scheme significantly different from the notified scheme, and that the Council was therefore obliged to recommence the notification process; Section 16(2) does not require the local authority to recommence the process simply because the modification to the planning scheme as notified has adversely affected a landowner: Williams and Keane JJA and Lyons J.
Appeal Status
Appeal Determined (QCA)
Cases Cited
Case Name
Full Citation
Frequency
Associated Provincial Picture Houses Limited v Wednesbury Corporation
(1948) 1 K.B., 223
2 citations
Australian Retailers Association v Reserve Bank of Australia
