Section 83(1)(b) of the Building Act 1975 (Qld) does not itself create a requirement for a preliminary approval to be obtained from a local government before a private certifier can grant building development approval. The paragraph operates only where a preliminary approval is otherwise necessary under the Sustainable Planning Act 2009 (Qld). Where a local government as concurrence agency fails to respond within the prescribed assessment period, the certifier as assessment manager is entitled to decide the application under s 286(1) as if the council had no concurrence agency requirements.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.