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Notice of Appeal WD Milligan

Attached to the e-mail MCU12/0184 Notice of Appeal WD Milligan.

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1.       the appeal be allowed;


2.       the development application be approved subject to lawful conditions;


3.       such further or other order as this Honourable Court may require.


The grounds of appeal are:


1.       On 14 November 2012, the development application was properly made to the

         respondent.


2.       According to the respondent’s amended acknowledgment notice dated 3 December

         2012 the development application:


         (a)     required referral to a concurrence agency;


         (b)     required referral to an advice agency; and


         (c)        required impact assessment.


3.       The concurrence agency was the Department of Transport and Main Roads with

         respect to state-controlled road issues.


4.       The advice agency was Powerlink with respect to matters associated with electricity

         infrastructure.


5.       By correspondence dated 10 December 2012 the respondent gave an information

         request.


6.       By correspondence dated 13 December 2012, the Department of Transport and Main

         Roads gave a concurrence agency response advising that it had no requirements with

         respect to the development application.




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