Hobart City Council v Picone

The Supreme Court of Tasmania, Court of Appeal, heard an appeal concerning the interpretation of section 57 of the *Land Use Planning and Approvals Act 1993* (Tas). The appeal was brought by the Hobart City Council against a decision of a single judge. The dispute centred on the Council's power to extend the time for the inspection of development applications and for the making of representations by the public.

The primary legal issue before the Court of Appeal was whether the Hobart City Council had the statutory power to grant an extension of time for the inspection of a development application and for the lodging of public representations beyond the period prescribed by section 57 of the *Land Use Planning and Approvals Act 1993*. This involved an examination of the language and intent of the relevant legislative provisions.

The Court of Appeal, in dismissing the appeal, reasoned that section 57 of the Act prescribed a mandatory period for the inspection of development applications and the making of representations. It held that the Council did not possess a general discretion to extend this period. The Court emphasised that the statutory language indicated a fixed timeframe, and any departure from this would require express legislative authority, which was absent in this instance. The appeal was therefore dismissed.