State of South Australia v Tanner

The High Court of Australia heard an appeal by the State of South Australia against the respondents, Phillip and Petronella Tanner. The dispute concerned the interpretation and application of the *Planning Act 1982* (SA) and its associated Development Plan in relation to a proposed development. The South Australian Planning Commission and the Planning Appeal Tribunal were also parties but indicated they would abide by the Court's decision.

The central legal issues before the Court were the extent to which planning authorities were bound by the provisions of the Development Plan when considering development applications, and the effect of specific provisions within the *Planning Act 1982* and the Development Plan on the permissibility of development. Specifically, the Court had to determine how sections 47(1), 47(3), 47(5), and 47(9) of the Act interacted with the Development Plan, particularly concerning "permitted" and "prohibited" development classifications.

The Court was required to consider the statutory framework established by the *Planning Act 1982*, which mandated that no development could be undertaken without the consent of a relevant planning authority. The Act defined "development" broadly and established a Development Plan, approved by Parliament, containing objectives, proposals, and principles for planning authorities. Section 47(9) obliged planning authorities to have regard to the Development Plan when deciding on consent. Furthermore, the Act provided that development classified as "permitted" in the Development Plan was indeed permitted, while development classified as "prohibited" was generally prohibited, subject to specific exceptions.