Whether a development application is 'properly made' under s 3.2.1(7) of the Integrated Planning Act 1997 (Qld) must be assessed as at the date the application was made, by reference to the terms of the application itself, not by reference to conditions subsequently imposed on approval. Where a development application discloses use of an easement for access consistent with the easement terms and does not expressly propose activities beyond those terms, the s 3.2.1(12) exception applies and the consent of the servient tenement owner is not required. The question of the proper construction of 'development' in s 3.2.1(12) — whether it refers to the development as proposed or the actual use that would follow — was left open.
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