Moncrieff v Townsville City Council

The appellants, Moncrieff, sought preliminary approval for development from the Townsville City Council. The council determined that the application was not one for overriding of the planning scheme, but rather one that would vary the effect of the scheme. The matter was brought before the court to determine this preliminary issue. The legal issue was whether the development application sought by the appellants was one for the overriding of the planning scheme or one that would vary the effect of the scheme. The court held that the application was not one for overriding of the planning scheme, but rather one that would vary the effect of the scheme. The court based its decision on the fact that the development would result in a change to the use of land in a way that was not permitted under the planning scheme. The court found that the development would not result in a substantial benefit to the community that would outweigh the contravention of the planning scheme. Therefore, the application was not one for overriding of the planning scheme, but rather one that would vary the effect of the scheme. The preliminary point was decided in favour of the appellants.