1Section 52(1) of the LUPA Act requires actual notification of an affected landowner before the declaration accompanying a development application can be made; the declaration is retrospective in character and cannot be made in anticipation of postal delivery that has not yet occurred or been deemed received.
2Where notification under s 52(1) is given by post to a company, it must be sent to the company's registered office (consistent with s 84(b)(i) LUPA Act and s 142(1) Corporations Act 2001 (Cth)); an address obtained from a cadastral mapping database that is not the registered office is insufficient.
3Failure to comply with the notification requirement of s 52(1) is foundational to the planning authority's jurisdiction; a planning authority that determines an application without compliant notification acts without jurisdiction and in breach of natural justice.
