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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If you have any queries or would like further information regarding this article, please contact:

Anthony Spence
M: 0400 545 503
E: aspence@pageseager.com.au

Sarah Wilson
Special Counsel
M: 0428 102 712
E: swilson@pageseager.com.au

Marc Edwards
Senior Associate
M: 0407 205 719
E: medwards@pageseager.com.au

Published: 1 June 2018


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