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Queensland Court of Appeal serves up a decision refusing leave to appeal against a refusal to grant a declaration that a proposed restaurant was impact assessable
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Compensation determination for resumption of land remitted to Land Court of Queensland to separately determine appropriate rate per hectare and appropriate discount
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Planning and Environment Court of Queensland approves a development application for a childcare centre in the low density residential zone
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Planning and Environment Court of Queensland upholds a deemed refusal for development of a large rural holding into a master planned residential community
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Failure to lodge a submission on time due to unreasonable reliance on a local government's website was not excused by the Planning and Environment Court of Queensland
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No error of law to fuel an application for leave to appeal to the Queensland Court of Appeal
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Planning and Environment Court of Queensland dismisses a submitter appeal against the approval of a proposed four-storey residential dwelling where the submitter contended the height ought to only be three storeys
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Check-in to a recent decision of the Planning and Environment Court of Queensland permitting the removal of a development condition requiring units of a motel to be managed and let by a single operator
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Planning and Environment Court of Queensland dismisses an appeal against the decision to refuse a development application for the demolition of a pre-1947 dwelling house
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Reconfiguring a lot into three lots in Brisbane's character residential zone approved on appeal
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Planning and Environment Court of Queensland upholds decision to approve neighbourhood centre because of overwhelming need despite considerable non-compliance with the planning scheme
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Planning and Environment Court of Queensland refuses the development of a mixed-use marketplace after finding that the development failed to meet the "Noosa Style" and expectations of the community
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Planning and Environment Court of Queensland dismisses an appeal against a refusal of a proposed shopping centre on the basis that the applicant failed to demonstrate need
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Planning and Environment Court of Queensland upholds refusal of proposed "out-of-centre" shopping centre
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Planning and Environment Court of Queensland fuels a proposed development in allowing an appeal against the decision of a local government to restrict the operating hours of a service station
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Unjust enrichment insufficient to defend a refund of special charges levied as a result of the invalid resolutions of a Queensland local government
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"Broad-brush" approach to adopted charges for working out the cost of extra demand placed on trunk infrastructure networks upheld by the Planning and Environment Court of Queensland
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Need for a new local centre outweighs requirements that development be "small scale" and service the "local community" in a remitted planning appeal in the Planning and Environment Court of Queensland
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Planning and Environment Court of Queensland dismisses appeal against the refusal of a hard rock quarry and concrete batching plant because of unacceptable noise impacts
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Automotive business loses traction after Planning and Environment Court orders the cessation of the unlawful use
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Planning and Environment Court of Queensland approves demolition of pre-1947 dwelling, finding that its "traditional building character is weak"
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Planning and Environment Court of Queensland approves a change application after finding that a 2.6 metre extension to a jetty is a minor change
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Planning and Environment Court of Queensland dismisses an application for costs in circumstances where opposition to a declaratory proceeding was ultimately vindicated
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Victorian Civil and Administrative Tribunal rules on the expiration of an amended planning permit
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Procedural fairness determined by the Supreme Court of Queensland to include the right to be heard in respect of alternative proposals considered by the resuming local government
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Lack of need and the preservation of rural character results in the Planning and Environment Court dismissing an appeal against the refusal of a service station in Cairns
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Queensland Court of Appeal finds no error of law in respect of a refusal of a change application seeking to remove a stepped form frontage of an apartment building that was held to be integral to the original approval
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Australian Federal Court dismisses applications for a summary dismissal of an application for compensation by the Pitta Pitta People
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Development on the right track as Planning and Environment Court of Queensland dismisses a submitter appeal against the decision to approve a development application for development on land that saddles the Albion train station
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Planning and Environment Court of Queensland allows an appeal against the refusal of the demolition of a pre-1947 house that no longer contributed to traditional building character
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Planning and Environment Court of Queensland upholds a decision to regularise an existing unlawful dance studio in a warehouse
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Planning and Environment Court of Queensland approves proposed residential lots in proximity to an industrial zone after finding that the development reflects the planning strategies of the Brisbane City Plan 2014
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Another storey: Queensland Court of Appeal upholds the Queensland's Planning and Environment Court's interpretation of "storey" and affirms a local government's decision to approve a code assessable development application for multiple dwellings
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Planning and Environment Court of Queensland dismisses appeal in respect of proposed accommodation activities and prefers to preserve the industrial land
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Non-compliances with an enforcement order result in the Planning and Environment Court of Queensland finding contempt and ordering costs on the standard basis
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Planning and Environment Court of Queensland digs deep into a regional town's capacity to provide accommodation for miners in rejecting a development application for a permanent works camp
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Planning and Environment Court of Queensland approves proposed multiple dwellings after finding the loss of residents' city views was within reasonable expectations
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Local government to pay over one million dollars in damages after Supreme Court of Queensland decides workers' compensation claim for psychiatric injury in favour of former payroll supervisor
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New South Wales Land and Environment Court considers in respect of compensation the statutory requirement to disregard public purpose, the potential up zoning of land, a claim for stamp duty, and solatium
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Road out of COVID-19: Let's revive development in Fishermans Bend, Victoria
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Queensland Court of Appeal confirms that a local government's decision in respect of a 99-year lease was required to have regard to the decision-making process prescribed by legislation
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Planning and Environment Court of Queensland determines whether a development approval granted by the Chief Executive administering the Environmental Protection Act 1994 (Qld) in respect of the construction of Surfers South Oceanway was legally unreasonable
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Planning and Environment Court of Queensland upholds Council's decision to refuse a development application to reconfigure a single lot into eight lots for a residential care facility
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Planning and Environment Court of Queensland dismisses an appeal against the refusal of a relocatable home facility
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Lack of impact on character and amenity sees the Planning and Environment Court of Queensland approve multiple dwelling units despite some inconsistency with the relevant planning scheme
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Environmental Mitigation Levy introduced in Victoria under the Melbourne Strategic Assessment (Environment Mitigation Levy Act) 2020 (Vic)
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High Court of Australia finds that the certification functions of a representative body under the Native Title Act 1993 (Cth) are able to be performed by a representative body's chief executive officer
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District Court of Queensland finds in favour of a landowner and grants an injunction requiring a local government to fix a broken stormwater pipe and awards general and special damages
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Planning and Environment Court of Queensland approves the redevelopment of premises to establish a hotel despite the non-compliances with the planning scheme because of the unusual circumstances and "real world factors"
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Planning and Environment Court of Queensland dismisses an appeal against a proposed residential apartment building in New Farm, Brisbane
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Statutory interest in compulsory acquisition proceedings in New South Wales: latest Court update
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Development out of the dark as the Planning and Environment Court of Queensland allows an appeal against conditions requiring underground electrical infrastructure
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Supreme Court of Queensland determines whether a local government is required to refund special charges levied under invalid resolutions, including amounts already spent
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Planning and Environment Court of Queensland allows a minor change application, which varies the effect of the planning scheme to lock in minimum carparking for apartments
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Planning and Environment Court of Queensland dismisses a change application seeking to remove a stepped form frontage that was integral to the original approval
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Limits of existing use rights are reiterated by the New South Wales Land and Environment Court
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Planning and Environment Court of Queensland rejects a third application to extend a development approval for material change of use where there were chronic and persistent project funding difficulties
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Storey time: Planning and Environment Court of Queensland considers the definition of "storey " and finds the local government did not act unreasonably in approving multiple dwellings
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Queensland Court of Appeal refuses leave to appeal against enforcement orders requiring the modification of a dwelling to prevent it being misused for rental accommodation
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Land Court of Queensland finds that further particulars are not required to articulate human rights objections to an application for a mining lease for a thermal coal mine in the Galilee Basin
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Planning and Environment Court of Queensland dismisses an appeal to extend the currency period of an approval which authorised development prohibited under current planning laws
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High Court of Australia confirms the Queensland Court of Appeal's decision that the levying of infrastructure charges was to be under the current infrastructure charging regime
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Planning and Environment Court of Queensland focuses on the proposed primary activity to determine the appropriate use category, and declines to make a declaration that a development application for a brewery is impact assessable rather than code assessable
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Queensland Court of Appeal finds that approving development which conflicts with a planning scheme requires evidence of why land that does not have those conflicts is not suitable
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New South Wales Court of Appeal awards costs in respect of a noise complaint that could have been avoided
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Planning and Environment Court of Queensland approves development of self-storage facility despite non-compliances
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New South Wales Land and Environment Court has power to enforce statutory obligations under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
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Queensland Court of Appeal finds that the Planning and Environment Court erred in failing to consider the requirements for "local community" under the CairnsPlan 2016
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Queensland Court of Appeal finds that the nature of the use of land may be considered by a local government when determining a rating category for, and levying, differential general rates
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Planning and Environment Court of Queensland finds that proposed development was capable of falling within the defined use and refuses to grant the declaration sought
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Planning and Environment Court of Queensland excuses the applicant's non-compliance with a statutory requirement to substantially start demolition within two months of being given a building approval
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New South Wales Court of Criminal Appeal finds that admissions made in civil proceedings can be used against defendants in criminal proceedings
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Queensland Planning and Environment Court emphasises the importance of experts providing the basis for their opinions when giving expert evidence
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Queensland Planning and Environment Court allows an appeal against the refusal of a development application for an advertising device
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Land Court of Queensland considers the legal test for a threatened breach of confidence by an expert witness
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Queensland Supreme Court finds that a local government's decision-making process failed to consider the merits of competing expressions of interest for a 99 year lease over land in the Torres Strait Islands
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New South Wales Court of Appeal finds there is no power to determine a modification application seeking to reduce development contributions after payment
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Planning and Environment Court of Queensland allows the proposed demolition of a pre-1947 house
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Compensation for the compulsory acquisition of native title rights awarded by New South Wales Courts
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Supreme Court of South Australia finds that the performance by ratepayers of a statutory obligation to pay rates does not create a trust limiting a local government's use of its land
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High Court of Australia orders that New Acland's applications for mining leases and an amended environmental authority be referred back to the Land Court for rehearing
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New South Wales Court of Appeal confirms that there does not need to be a "proper planning purpose" for it to grant injunctive relief in its civil enforcement jurisdiction
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Queensland Court of Appeal finds that the Planning and Environment Court did not make an error of law in construing the scope of a planning approval granted in 1991, which authorised the use of a private airspace and hangar building
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South Australian Supreme Court dismisses an appeal by an employer, which alleged an error of the application of the statutory equivalent of vicarious liability for contraventions of mandatory provisions of the Environment Protection (Water Quality) Policy 2003 (SA)
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Planning and Environment Court of Queensland lacks jurisdiction to hear an appeal against the value of an offset or refund, where the value was adopted and applied using the method prescribed in the local government's charges resolution
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Applications to modify a development consent in New South Wales cannot be amended prior to determination
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Supreme Court of Queensland dismisses an application for the disclosure of advice prepared by a barrister for his client, which was referred to in correspondence to encourage the other party to the dispute to accept an offer of settlement
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Queensland Planning and Environment Court dismisses an appeal against the refusal of a development application to re-start a hard rock and sandstone quarry on the Sunshine Coast
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Queensland Planning and Environment Court refuses a proposed childcare centre because of unacceptable traffic impacts, and a lack of need or other relevant matters supporting approval
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Federal Court of Australia finds that the water trigger under the EPBC Act applies to the North Galilee Water Scheme Infrastructure Project
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South Australian Environment, Resources and Development Court finds in respect of the new planning regime that "misconduct" warranting an award of costs does not include conduct that is open to a party in the provisions of the statute
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Planning certificates and the limits of statutory immunity for New South Wales' councils
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Enforcement notices issued to landowners who were alleged to have cleared vegetation on their property to protect against the risk of bushfires have been set aside by the Planning and Environment Court of Queensland
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Queensland decision-making framework under the Planning Act 2016 (Qld) does not assume that it is against the public interest to approve a development that conflicts with a planning scheme
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Queensland planning discretion exercised in favour of an impact assessable multiple dwelling development, which was non-compliant with the planning scheme
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Planning and Environment Court of Queensland decides not to grant the declarations sought due to a lack of evidence
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Calculating Gross Floor Area contributions and the implications of overpayment in New South Wales
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Planning and Environment Court rules that a pre-1947 house in Brighton, Queensland can be demolished as redevelopment has robbed the street of its traditional character
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Regulated waste facility in rural Queensland to proceed in light of planning and economic needs, notwithstanding considerations in a new planning scheme
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Planning and Environment Court of Queensland allows inconsistent conditions in two different development approvals over the same premises
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Queensland Court of Appeal discusses the principles of statutory construction in a case decided in 2014
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South Australian Supreme Court clarifies in relation to an exception or exclusion to a development offence when the reverse onus of proof will be triggered
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Planning and Environment Court of Queensland considers the current state of jurisprudence for assessing and deciding development applications under the Planning Act 2016 (Qld)
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Queensland Planning and Environment Court determines whether development conditions restricting vehicle movements ought to be imposed and whether there was an error in the calculation of extra demand
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Queensland Court of Appeal dismissed an appeal in relation to a development approval to regularise the use of a site for, relevantly, "driving instructing"
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Land Court of Queensland orders the applicant for a mining lease to pay compensation for the supervision and management obligations of the landowner
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Too little, too late: South Australian Supreme Court dismisses an application to extend a development plan consent, where the consent was not acted upon within 12 months
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Queensland Planning and Environment Court allows appeal on the basis of the Development Tribunal's failure to consider Part E of the State Planning Policy 2017
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Planning and Environment Court of Queensland determines orders to secure compliance with the Planning Act 2016 for a three-storey, seventeen-bedroom, dwelling house unlawfully used as an "accommodation building"
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Proposed use as a McDonald's restaurant is contemplated by the Planning Scheme and therefore approved
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Planning and Environment Court of Queensland excuses a non-compliant decision notice and determines that Council does not need to look behind an ostensibly valid owner's consent form
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District Court dismisses claim for nuisance arising from the concentrated flow of water over the plaintiffs' property
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Changing a change application for a development approval under the Planning Act 2016
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Queensland Planning and Environment Court upholds condition requiring road dedication for a future road beyond the LGIP planning horizon as a lawful non-trunk infrastructure condition
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The year in review: A look at the NSW waste industry in 2020
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Queensland Court of Appeal refuses leave to appeal the Planning and Environment Court’s decision reinforcing the use of the Coty principle and the discretion to approve a development application despite inconsistency with a planning instrument
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Bulky appearance of proposed commercial facility at Noosa, Queensland results in its refusal
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Deletion of conditions requiring compliance with an acoustic report found to result in a substantially different development by the Queensland Planning and Environment Court
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Costs under the Sustainable Planning Act 2009 awarded by the Planning and Environment Court of Queensland for a wholly unsuccessful case
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The year in review - A look at NSW planning and environment law in 2020
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Human rights considerations found to apply to Land Court of Queensland in making its recommendations on applications for a mining lease and environmental authority
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Planning and Environment Court of Queensland holds that proposed changes to a development application for an extension to a landfill facility and waste transfer station were minor
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Planning and Environment Court of Queensland determines two connected cases; a minor change application and an originating application relating to the minor change application
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A search order in Queensland is extraordinary and not a mere investigatory tool
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Supreme Court of Queensland holds that an electronic link is not sufficient to effect service of an application under the Building Industry Fairness (Security of Payment) Act 2017
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The rise of jurisdictional facts and the challenge to the Coastal Management SEPP in Reysson v Minister Administering the Environmental Planning and Assessment Act 1979 [2020] NSWCA 281
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Queensland Supreme Court dismisses judicial review challenges in respect of rating decisions for properties used to provide rental accommodation to permanent residents or itinerants
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Development proposed for a historic and heritage residence built in Queensland, circa 1920, is refused
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Land Court of Queensland finds that mining resource companies' activities said to cause loss did not satisfy the test of causation to warrant compensation
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Jurisdictional facts: Supreme Court of Queensland considers whether the decision to grant a mining lease would be invalid if there was non-compliance with notice requirements under the Mineral Resources Act 1989 (Qld)
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Queensland Planning and Environment Court allowed an appeal against the Development Tribunal's decision regarding a development approval for building work
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Stay application against Queensland local government's original decision granted despite non-compliance with procedure, a lack of evidence and no explanation for delay
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Court of Appeal sheds light on the operation of the infrastructure charges regime in Queensland
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Planning and Environment Court holds that a tavern may remain open till 2 am in face of a local government argument that it should close at midnight
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Section 11 of the Planning and Environment Court Act 2016 cannot be used to circumvent the Court's inability to make an enforcement order under section 180 of the Planning Act 2016
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Contempt of Court: Planning and Environment Court finds respondents in wilful contempt of a Court Order after using a tub grinder to remove wood stockpiles
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Supreme Court declares resumption application void
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Court finds that development is not "consistent " with a prior approval and is prohibited
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Proposed development that complies with a local government's planning scheme refused by the Planning and Environment Court
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Decision not to include a Key Resource Area in the State Planning Policy held to be a decision that cannot be subject to judicial review under the Judicial Review Act 1991
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Public interest embodied in the Planning Scheme is relevant to a consideration of whether a sufficient ground is sufficient
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Proposed offset insufficient to overcome conflict with the assessment benchmarks
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Concrete batching plant use not abandoned despite lengthy period out of operation
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Court of Appeal overturns Planning and Environment Court decision and requires Council to collect charges in accordance with the current infrastructure charging regime
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Need for a shopping centre outweighs the requirement that the development be "small-scale"
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Proposed child care centre use in a flood-prone area held to be inconsistent with planning controls
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Change application for change of mind? The Queensland Planning and Environment Court says no
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Planning and Environment Court finds that permanent residential accommodation in a tourist resort would significantly conflict with the deliberate planning strategy to avoid the co-location of incompatible uses
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UK Supreme Court confirms that a promised community benefit fund donation is not a material consideration when granting a planning permission
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Planning and Environment Court sets aside a decision to refuse a development application for the demolition of a pre-1946 dwelling
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Planning and Environment Court allows appeal against local government's decision to refuse a development application because it would be inconsistent with the intended settlement pattern set out in the planning scheme
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Planning and Environment Court allows appeal against a refused development application
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Temporary use licences are a new statutory mechanism allowing businesses to operate under changed development conditions in response to COVID-19
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Planning and Environment Court finds that the architectural and engineering merit of a development warranted approval despite technical non-compliance with the Gold Coast City Plan and the absence of a planning need
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Local government successfully seeks the joinder of a third party and a joint hearing in relation to a long running enforcement proceeding
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Indefeasible title trumps public rights in land dedicated at common law as public roads
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Emergency health crisis calls for emergency planning powers – State Government of Queensland has amended the Planning Act 2016 and the Economic Development Act 2012 through the Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020
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Déjà vu? – Court of Appeal considers substantially the same application for leave to appeal as it did in 2007
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Land Court finds no compensation payable for access to mining leases
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Planning and Environment Court refuses submitter appeals against the development of centre activities on rural residential land and states again the need to read a planning scheme as a whole
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Withdrawal of an enforcement notice by a local government results in an award for costs against the local government
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Noisy children held not to be a disturbance if the impacted area is part of the same development as that which generates the noise of the children
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Deficient systems and practices relating to cultural heritage lead to the prosecution of a local government
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Traditional building saved from demolition: Planning and Environment Court has refused an appeal to approve the demolition of a house built in 1946 or earlier
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Wednesbury Unreasonableness – an historical showcase of the principle
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NSW authority bound by contract to give developers a seat at the negotiating table
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Planning and Environment Court refuses an application for costs as the Council failed to establish that the Applicant Appellant did not contravene section 457(2)(a) of the Sustainable Planning Act 2009
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Planning and Environment Court refuses two related appeals against approval of a proposed development for a local centre in Brisbane’s north
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Planning and Environment Court finds that modifying a property boundary alignment constitutes a minor change
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Tenant restrained: the Planning and Environment Court makes orders to remedy and restrain a tenant from committing further offences under the EPA due to non-compliance with an EPO in response to a major tyre fire
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Planning and Environment Court applies discretion to revive lapsed development approval
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Weighing "Relevant Matters": Planning and Environment Court gives guidance as to the appropriate weight to be given to relevant matters under the Planning Act 2016
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A Local Government seeks declaration regarding non-compliance with the Building Act 1975 and the Planning Act 2016
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Still Standing - Planning and Environment Court refuses to re-enliven a lapsed demolition approval for a pre-1947 house as the Applicant failed to make an application to extend the currency period of the demolition approval
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Queensland Court of Appeal allows an appeal against an interlocutory decision of the Planning and Environment Court to refuse a stay of a proceeding pending the final determination of a criminal proceeding
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No leave required: Planning and Environment Court holds that leave is not required to rely on additional issues not included in an assessment manager's decision notice
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Recap of recent developments in NSW compulsory acquisition law
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High Court of Australia determination on the applicability of limitation periods under the Limitations of Actions Act 1974 to local government recovery of overdue rates and charges claim
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Extension applications under the Planning Act 2016: Planning and Environment Court for the first time considers the statutory regime under the Planning Act 2016 relevant to an extension application for a development approval
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Failure to comply with an enforcement order results in punishment for contempt
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Who has a right to make a complaint? District Court of Queensland dismisses an appeal that sought to stay a prosecution with respect to offences committed under the Environmental Protection Act 1994
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Brisbane City Council to pay costs of appeal in defence of an enforcement notice
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Planning and Environment Court allows application to broaden the issues in dispute to consider new and significant information in a joint expert report
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A change application for a development approval was refused by the Planning and Environment Court as the proposed change would likely result in a substantially different development
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Planning and Environment Court orders the Respondents to comply with conditions of a development permit, including the payment of $1.14 million in outstanding infrastructure contributions
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Payment of an infrastructure contribution may cause "irreparable harm” – Planning and Environment Court stays a previous order that the Respondents pay a $1.14 million infrastructure contribution
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Waste of time and money: Planning and Environment Court vacates orders regarding a costs hearing as a consequence of a stay on enforcement orders pending the outcome of an application for leave to appeal to the Court of Appeal
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Planning and Environment Court grants two applications for a minor change in relation to two proposed developments as the changes would not result in a substantially different development
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Land Court of Queensland does not err in its decision to recommend an environmental authority for a mine and haul road
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Planning and Environment Court determines a dispute between parties who cannot agree to the form of the draft orders which were to be used to progress a proceeding to a hearing
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Not enough interest: Court of Appeal reverses the decision of the Planning and Environment Court to approve a service station and retail uses despite conflicts and finds that establishing a need for the proposed development was not sufficient to justify the approval
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Planning and Environment Court considers the criteria for determining whether to allow a question to be heard separately to the hearing
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Supreme Court finds that a Councillor had not engaged in misconduct in refusing to leave the Council chambers
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Planning and Environment Court decision regarding the invalidity of infrastructure charges notices reversed by Court of Appeal
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The importance of an adequate EIA: the United Kingdom Court of Appeal has quashed the United Kingdom Planning Court's decision to uphold the grant of a planning permission for an intensive poultry farm due to an unlawful EIA
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Planning and Environment Court allows non-compliant development application to be remitted back to public notification stage
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Two courts, same issues, but not vexatious: the Planning and Environment Court has refused to strike out an enforcement proceeding regarding alleged unlawful development even though the matter is also to be heard in the Supreme Court
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Appeals against infrastructure notices under the Sustainable Planning Act 2009 have been upheld
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Court determines a submitter's proposed condition to be unlawful and unreasonable
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Planning and Environment Court finds no unlawful increase in the number of residents in a backpacker hostel and sets aside enforcement notice
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Planning and Environment Court has ordered a local government respondent to an appeal to pay an applicant appellant's costs under section 60(1)(b) of the Planning and Environment Court Act 2016
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Planning and Environment Court confirms a decision to refuse a development approval for a child care centre and sets out the assessment and decision framework for impact assessable development under the Planning Act 2016
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Does "assistant" and "delegate" have the same legal effect under Native Title legislation? The Full Court of the Federal Court reverses the affirmative decision of the Federal Court.
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Local government determined to not have a duty of care in its planning guise after a member of the public developed a psychiatric injury due to a fatal accident in a carpark
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A Council's failure to provide sufficient particulars in an enforcement notice has caused an enforcement notice to be set aside and an originating application to be dismissed by the Planning and Environment Court
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Court of Appeal finds error in law in the interpretation of "essential management" under the Sustainable Planning Regulation 2009
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Planning and Environment Court has approved the demolition of a dwelling house constructed pre-1946 as the dwelling house and streetscape lacked a traditional character
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Planning and Environment Court has approved the reconfiguration of a lot and repositioning of a pre-1947 dwelling despite conflict with the Brisbane City Plan 2014
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Planning and Environment Court has allowed an application to revise a development application for a preliminary approval on the basis that it was not a "substantially different development"
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In confidence - the Office of the Information Commissioner rejects an application for the disclosure of a without prejudice letter
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No third party rights for an adjoining landowner seeking to be joined as a party to an originating application seeking to extend the currency period for a lapsed development approval
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Infrastructure planning and charging framework under the Planning Act 2016
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Queensland Court of Appeal dismisses appeal against an order of the Planning and Environment Court in pipeline remediation matter
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Planning and Environment Court clarifies rules of service relating to an originating application
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Planning and Environment Court dismisses a submitter appeal against a development approval for the redevelopment of an existing retirement facility
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Supreme Court of South Australia finds that compensation for the acquisition of land does not extend to non-economic loss
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Land Court has found that a request by expert witnesses for further information was justifiable after a mining company's refusal to provide the relevant information
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Land Court finds that an outpatient operation is not a reasonable excuse for not filing a notice of appeal within the appeal period
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Queensland Court of Appeal clarifies code assessment under the Planning Act
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Planning and Environment Court has refused a proposed development for an office for the reason that it was in severe conflict with the Planning Scheme and there was no "relevant matters" to justify the approval of the proposed development
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Commercial groundwater extraction use refused as a result of conflicts with the planning scheme and an absence of sufficient grounds to justify approval despite the conflicts
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Claim for damages for trespass and nuisance in relation to a sewer main rejected by the Supreme Court
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Measuring an acceptable dwelling height is not "purely numerical or quantitative"
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Landowner's consent and development applications - what is necessary?
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Climate change, greenhouse gas contributions and the case on the Rocky Hill Coal mine
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Previous case requires the Planning and Environment Court to reconsider available power to excuse non-compliance with the Sustainable Planning Act
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"Close enough not good enough" in the Queensland Court of Appeal: notice must be issued by a duly authorised representative or signatory of the claimant
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Planning and Environment Court finds that the Court is the "responsible entity" to decide a minor change application even when the contested conditions were imposed by a referral agency
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Developer's negligence claim against a local government and town planner is amended and avoids summary judgment
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Planning and Environment Court finds that proposed changes would not cause a substantially different development
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In the mix: Court upholds Council's decision to approve a quarry and concrete batching plant on rural land
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Planning and Environment Court finds no support for conditions requiring environmental protection measures on land not mapped as environmentally significant
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Planning and Environment Court does not find sufficient grounds to support approval of an "opportunistic" Bunnings Warehouse
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Court of Appeal upholds the Supreme Court's decision requiring a purchaser to pay $5 million in damages for a breach of contract
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Land Appeal Court dismisses an appeal against the categorisation of land for rating purposes
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Land Court looks closely at impacts of mining lease to determine compensation
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Extension for lapsed development permit garners no opposition
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Court of Appeal considers whether the Peaceful Assembly Act 1992 grants immunity for breaches of a local law
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Human Rights Bill for Queensland: How the Bill will impact local governments
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Court of Appeal overturns a declaration regarding the effect of certain provisions in the Springfield Structure Plan and transitional provisions under the Sustainable Planning Act 2009
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Court of Appeal overturns a declaration regarding the effect of certain provisions in the Springfield Structure Plan and transitional provisions under the Sustainable Planning Act 2009
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Council did not owe a purchaser of land a duty to take reasonable care in the issuing of a limited planning and development certificate
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Court refuses a residential subdivision proposed close to a poultry farm due to reverse amenity concerns
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Court allowed an appeal against a decision to refuse a development application for a combined service station finding sufficient grounds to support an approval
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Planning and Environment Court confirms costs do not automatically follow success
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High Court confirms that subsequent owners of reconfigured land are bound by the conditions of a development approval made prior to reconfiguration of the land
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There were sufficient grounds to approve the continued use of non-resident workers' accommodation in a residential zone despite its conflicts with the Chinchilla Shire Planning Scheme 2006 and Western Downs Planning Scheme 2017
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Planning and Environment Court upholds Council's refusal of a development application to convert a public park into a shopping centre carpark to address a history of anti-social behaviour
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Proposed service station in the Open space and environmental protection zone is approved by the Planning and Environment Court, despite conflicts with the planning scheme
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Planning and Environment Court dismisses a development application for a poultry farm consisting of 700,000 birds in the Somerset Regional Council
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Breach of permissible height limit under the Brisbane City Plan 2014 proves fatal to the approval of a multi-unit development in a traditional single unit dwelling locality
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Visual amenity impacts trump any prospective need resulting in the refusal of a proposed service station
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Planning and Environment Court dismisses submitter appeal for a mixed use development despite conflicts with the Maroochy Plan 2000
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Existing Queensland Government policies which provide local governments with powers in respect of waste management are set to expire and now is the time to transition waste management to local laws
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Planning and Environment Court has discretionary power in considering whether to grant an extension to the currency period under section 388 of the Sustainable Planning Act 2009
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Planning and Environment Court approves a permissible change to remove internal access road
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Queensland Government proposes significant reforms to the financial assurance and rehabilitation framework for resource activities
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Planning and Environment Court details the process and considerations for a minor change application made to the Court under the Planning Act 2016
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Even if an entity is an "entity directly affected" by a permissible change request, there is no standing before the Planning and Environment Court
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Planning and Environment Court found not to be the responsible entity for a change application
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Planning and Environment Court declares non-compliance due to electronic error during public notification
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Supreme Court of Queensland finds Council's utility charges for water services to be invalid due to failure to comply with legislative requirements and failure to exercise power to levy utility charges in accordance with the Local Government Act 2009
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Land Court recommends approval of an application for a mining lease and environmental authority for the Kevin's Corner Mine in the Galilee Basin
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Land Court refuses an application for disclosure of a document expert
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Planning and Environment Court fines campground operators for contempt of court for continued unlawful use of land
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Planning and Environment Court awards costs after relevant development application is withdrawn
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Land Court dismisses appeal where evidence did not involve true comparable sales
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Land Court dismisses appeal against Valuer-General's decision and reinforces the legal test of land value
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Building and Development Committee decision incorrectly focussed on procedural requirements instead of reasonable and relevant plumbing requirements
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Increases in built form are relevant to whether there is a material change of use even where the nature of the use is unchanged
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Land Court dismisses an appeal challenging the Council's rating categorisations
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Court of Appeal dismisses claims of procedural unfairness and upholds validity of Environmental Protection Order
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Lapsed development approval revived where Applicant misunderstood effect of related approvals
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Planning and Environment Court re-enlivens a lapsed development approval where the relevant Council was not opposed the re-enlivening
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Planning and Environment Court considers the full extent of a development approval in declaring that the demolition of part of a pre-1946 dwelling, which in isolation would have been exempt development, was not in fact exempt development
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Adaptive reuse of heritage building Athol Place a powerful ground in support of proposed commercial development
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Proposed onsite relocation of heritage structure refused due to removal of front garden
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Development approval for building work thwarted by failure to obtain consent from parties benefitting from easements on the land
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The clear and significant need for a shopping complex, coupled with the unlikely prospect of that need being met other than in the increasingly congested Maroochydore Centre, justified approval of the development despite being in conflict with the Maroochy Plan 2000
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Planning and Environment Court finds insufficient grounds to support the approval of an out of centre development involving a shopping centre
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Federal Court dismisses challenge to the Environment Minister's decision to approve Carmichael Coal Mine
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Adani's coal export terminal at Abbot Point to progress after unsuccessful challenge to the environmental authority
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Supreme Court finds that the usual rules as to costs applies despite the public interest character of the proceeding
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Planning and Environment Court refuses to join Queensland Rail as a party to an appeal concerning a condition requiring works on land leased by Queensland Rail
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Planning and Environment Court awards costs against the Council following an unsuccessful joinder application
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Costs ordered in circumstances where an appeal was neither frivolous nor vexatious, however the Appellant's conduct caused the Valuer-General unreasonable trouble and expense
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Land Court of Queensland refuses to strike out one claim for compensation but prevents another after finding an estoppel
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No Council resolution required to incorporate other information into rating categories
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The Court approves a permissible change application
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A substantial change to a development application does not necessarily result in a substantially different development
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Reduction in intensity does not result in a substantially different development
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Court declares changes to a development application are a minor change
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Court found permissible change request made to incorrect entity
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Appeals of land valuation decisions are only concerned with the appropriate valuation of the subject site and cannot call into question all valuations within the site's area
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Court dismissed preliminary legal issues of lack of owner's consent and futility raised by a commercial competitor
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Multiple dwellings, maximum allowable gross floor area and transferable development rights in the City Centre neighbourhood plan
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Court found incorrect determination of assessment level rendered development approval invalid and of no effect
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There was no "overlapping" evidence to justify a single hearing
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