Planning and Body Corporate Approvals – which comes first?

Usually, the main problem with life conundrums is that we don’t bring to them enough imagination – Thomas Moore

Let’s say an owner wants to make an improvement and both Local Government planning and body corporate approvals are required. Which approval should be sought first?

In a 2021 Queensland Planning and Environment Court decision, the Judge said that the approval of a body corporate was not a matter for the Court; noting any refusal could be the subject of an application to the Office of the Commissioner for Body Corporate and Community Management. 

So, it’s a little bit chicken and egg. 

Given the planning approval won’t be subject to obtaining the body corporate’s consent, the best course is usually to apply for the body corporate’s approval first, making it subject to obtaining the planning approval. That way, there is no risk of being unable to comply with a planning approval. Body corporate approval is also a much faster and more affordable process to vet for potential hurdles at the outset.

To discuss this topic, or body corporate issues more generally, contact our friendly team.