The Applicant sought declarations and consequential orders pursuant to s 11 of the Planning and Environment Court Act 2016. The relief was sought in relation to an Action Notice issued by Council under s 3.1 of the Development Assessment Rules (the Action Notice) and a letter described as a ‘Not Properly Made Notice’.
The applicant contended the development application could be received by Council as assessment manager. Further, it contended the development application was, or could be made to be, a properly made application as defined in s 51(5) of the PA. The applicant sought relief from the Court that, if granted, would result in the Action Notice and letter being set aside, with a direction that Council receive and assess the development application according to law.
John Ware (with B Job QC) appeared for the respondent, instructed by McCullough Robertson.
The judgment is published here.
