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CITE
Unreported Judgment
Appeal Determined (QCA)
Fawkes Pty Ltd & Anor v Gold Coast City Council[2007] QPEC 32Kingham DCJ
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Editorial Notes
Published Case Name:
Fawkes Pty Ltd & Anor v Gold Coast City Council [2007] QPEC 32
Shortened Case Name:
Fawkes Pty Ltd & Anor v Gold Coast City Council
MNC:
[2007] QPEC 32
Court:
QPEC
Judge(s):
Kingham DCJ
Date:
20 Apr 2007
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QPEC 32 [2007] QPELR 445
20 Apr 2007
Application in P&E Court for declaration that an application for a development permit for a material change of use was properly made; the Court has a wide discretion under s4.1.5A, if it is satisfied the non-compliances have not substantially restricted the opportunity for a person to exercise rights conferred on them by IPA or another Act; declaration made: Kingham DCJ.
Leave to appeal granted and appeal allowed dismissing claim in P&E Court; appeal against P&E Court declaration that an application for a development permit for a material change of use was properly made; was not a “properly made application”, because it did not meet the approved form’s requirement for the written consent of the owner of the land to the making of the application: de Jersey CJ, Jerrard JA and Holmes JA (Jerrard JA dissenting).
