Devy & Anor v Logan City Council

The applicants, Devy and another, brought an application against Logan City Council seeking a declaration and orders to revive a lapsed development approval for a lot reconfiguration. The application was heard in the Queensland Land Court. The central issue before the court was whether the council had made an honest mistake in allowing the development approval to lapse and whether it could be corrected within a reasonable time. The applicants argued that the council had failed to extend the approval within the required timeframe and that the lapse was due to an honest mistake. The council contended that the applicants had not demonstrated that the lapse was due to an honest mistake and that the approval could not be revived.

The court found that the applicants had made out a case for the revival of the lapsed development approval. The council had indeed made an honest mistake in allowing the approval to lapse, and the lapse could be corrected within a reasonable time. The court considered the circumstances of the case, including the fact that the council had acted promptly to rectify the situation once the mistake was discovered. The court held that the council's actions were reasonable and that the development approval could be revived. The court made orders declaring that the development approval had lapsed and that it be taken that the approval was extended to a certain date.