Palmer and Anor v MacDonnell Shire Council

The High Court of Australia considered an appeal by Palmer and Anor against a decision of the Supreme Court of Queensland. The dispute concerned the validity of a development approval granted by the MacDonnell Shire Council for a proposed residential development. The appellants, who owned adjoining land, challenged the approval, alleging it was invalid due to a failure to comply with mandatory procedural requirements under the relevant planning legislation.

The central legal issue before the High Court was whether the development approval granted by the MacDonnell Shire Council was invalid for non-compliance with the procedural requirements of the *Planning Act 1997* (Qld) and associated regulations. Specifically, the court had to determine if the Council had adequately discharged its obligations regarding public notification and consultation before granting the approval, and if any non-compliance was of a character that rendered the approval void.

The High Court found that the Council had failed to comply with the mandatory procedural requirements of the *Planning Act 1997* (Qld) concerning public notification. The court held that these procedural requirements were essential to the validity of the development approval. Consequently, the failure to comply with these mandatory steps rendered the approval invalid and void *ab initio*. The court applied the principle that where a statute prescribes a specific procedure that is mandatory, a failure to follow that procedure will invalidate the action taken.

The High Court allowed the appeal, setting aside the decision of the Supreme Court of Queensland and declaring the development approval granted by the MacDonnell Shire Council to be invalid.