AAD Nominees Pty Ltd v Resource Management and Planning Appeal Tribunal

[2011] TASFC 5

Tasmania Full Court

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Environment and Planning
2. › Planning schemes and instruments
3. › Development control
4. › Consents, approvals and permits
5. › Interpretation and construction
6. › Whether desired future character statements are relevant provisions to be considered in exercise of discretion to grant or refuse permit
7. › Whether words should be imported into planning scheme provisions
8. › Kingborough Planning Scheme 2000, cls 3.1.5, 3.1.6(a)(ii), 3.5.1, 6.4.1.1, 6.2.1(m)
9. › Land Use Planning and Approvals Act 1993 (Tas), s 57
1. Statutory Interpretation
2. › Planning schemes as legislation
3. › Ordinary meaning of words
4. › Reading scheme as a whole
5. › Whether words should be imported into provisions
6. › Whether inconsistency between provisions requires modification

Quick Take

Under the Kingborough Planning Scheme 2000, where a proposed development does not meet all Acceptable Solutions, the Council's discretion under the Alternative Solution in cl 6.4.1.1 extends to consideration of all relevant provisions of the Scheme, including desired future character statements in cl 6.2.1. The reference to 'all relevant provisions of the Scheme' in the Alternative Solution is not limited to the specific Acceptable Solutions that were not met.