Environment & Planning Update: The fallout from Henry Design; how are developments to be assessed against Planning Schemes?

On 7 July 2017, the Resource Management and Planning Appeal Tribunal handed down its decision in Henry Design & Consulting v Clarence City Council & Ors [2017] TASRMPAT 11 (Henry Designs). The decision represented a departure from what had been the generally accepted practice in assessing developments against Planning Schemes up until that point.  A series of later decisions have crystallised the Tribunal’s position in that respect, establishing what is commonly referred to as the Henry Designs principle. It has consequently given rise to considerable debate.

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Published: 1 June 2018

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