Whether non-compliance with public notification requirements has 'substantially restricted' the opportunity for public participation under s 4.1.5A of the Integrated Planning Act 1997 (Qld) is a question of fact and degree, not law, provided there is evidence capable of supporting the finding. The deficiency in notification period should be measured in business days, not calendar days, and the assessment is not to be determined by any mechanical or arithmetical formulation. The dissent raises a significant question about whether reliance on the absence of evidence from the appellant identifying affected persons effectively reverses the statutory onus of proof.
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