Mulligan v ACT Planning and Land Authority (Administrative Review)

Mulligan v ACT Planning and Land Authority involved a dispute over the approval of a development proposal for dwelling alterations and additions, including demolition of an existing pool and deck, alterations to the existing dwelling, extensions to the garage and courtyard wall, construction of a new swimming pool, deck, and alfresco area, and landscaping and tree removal. The ACT Planning and Land Authority approved the proposal subject to conditions, and the applicants sought review of the decision under the Planning and Development Act 2007. The central legal issue was whether the development was exempt from third-party merits review by the tribunal under the Planning and Development Regulation 2008.

The court considered the definition of "development" in section 7 of the Planning Act, which includes building, altering, or demolishing a building or structure on the land, carrying out earthworks or other construction work, carrying out work that would affect the landscape of the land, using the land, subdividing or consolidating the land, and varying a lease relating to the land. The applicants argued that the development did not encompass only the construction, alteration, or demolition of a single dwelling and should not be exempt from third-party review. However, the court found that the development was exempt as it did not result in more than one dwelling on the site and fell within the definition of exempt development under item 3, part 3.2 of schedule 3 of the Planning and Development Regulation 2008.

Accordingly, the tribunal dismissed the application for review, holding that the development was exempt from third-party review by the tribunal. The tribunal emphasised the importance of distinguishing between what is exempt from development approval and what is exempt from third-party review in the tribunal. The applicants' arguments conflating these issues were rejected, and the application was dismissed.