A failure to include a condition required by a planning scheme under s 62(1)(a) of the Planning and Environment Act 1987 does not render a planning permit wholly invalid, having regard to the statutory scheme which provides for correction, amendment and enforcement. Section 71(1)(a) of the P&E Act extends to the correction of omitted mandatory conditions where the omission was accidental, and the power is not confined to minor errors. The test for whether an omission is 'accidental' is whether, had the matter been drawn to the decision-maker's attention, the correction would at once have been made.
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