Request to change a development approval up in flames
The Planning and Environment Court delivered a decision in the case of Lipoma Pty Ltd v Minister for State Development & Ipswich City Council [2017] QPEC 6 which involved the Ipswich City Council making an application to the Court seeking declarations that: the Minister was not the correct responsible entity pursuant to section 369 of […]
ReadmorePoor standard of visual amenity on Gympie Road no justification for oversized sign
The Planning and Environment Court in Australian Leisure and Hospitality Group Pty Ltd v Moreton Bay Regional Council [2017] QPEC 8 dismissed an appeal by the Australian Leisure and Hospitality Group Pty Ltd against Moreton Bay Regional Council’s refusal of its development application for a development permit for the installation of an advertising sign along […]
ReadmoreCentres hierarchy is the central plank underpinning the future planning and development of City of Townsville
The Planning and Environment Court delivered a decision in the case of McConaghy Properties Pty Ltd v Townsville City Council & Anor [2017] QPEC 11 which involved a submitter’s appeal against a decision of the Townsville City Council to approve a shopping complex and fast food outlet on land in Currajong, Townsville. The proposed shopping […]
ReadmoreThe site is earmarked for residential subdivision – just need to wait
The Planning and Environment Court delivered a decision in the case of Loncor Properties Pty Ltd v Redland City Council [2017] QPEC 5 which involved an applicant’s appeal against the Redland City Council’s refusal of the development application for reconfiguring a lot (43 residential subdivision in two stages) in respect of land situated at Wrightson […]
ReadmoreTemporary accommodation gone bad!
The Planning and Environment Court delivered a decision in the case of Whitsunday Regional Council v Branbid Pty Ltd [2017] QPEC 3 which involved an application made by the Whitsunday Regional Council to the Court seeking: a declaration under section 456 of the Sustainable Planning Act 2009 that the use of the land for temporary accommodation is a […]
ReadmoreWhat’s the cost of motor cross?
The Planning and Environment Court delivered a decision in the case of Drywound Pty Ltd v Lockyer Valley Regional Council & Ors [2017] QPEC 4, which involved determining cross-applications made by the parties for costs. Drywound Pty Ltd v Lockyer Valley Regional Council & Ors [2017] QPEC 4 – What’s the case about? The […]
ReadmoreNew Yarra River Protection Planning Controls
On 26 February 2017, the Victorian Government (Government) formally released the Yarra River Action Plan and the new Yarra River Protection Planning Controls (Yarra Controls) intended to protect the Yarra River from “inappropriate” development. This follows a discussion paper, Protecting the Yarra River (Birrarung), which was released for public consultation on 1 July 2016. Partner, Meg […]
ReadmoreNew residential zones, including new mandatory height limits, are imminent
Last week, the Government announced that it would implement Amendment VC110 to make changes to Victoria’s residential zones in response to recommendations by the Managing Residential Development Advisory Committee’s (the Committee) review of the residential zones which began in late 2015 and was recently reported to the Minister for Planning. The three residential zones, the […]
ReadmoreA sign on a heritage building is not all bad
Proposed signage on the Kedron Park Hotel was approved as it posed no undue impact on the hotel or its heritage significance. Australian Leisure And Hospitality Group Pty Ltd v Brisbane City Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Australian Leisure And Hospitality […]
ReadmoreA self-storage facility in a residential area that cut across the planning scheme intent, no way
Redevelopment of the Carseldine Palms Motel site for a self-storage facility was refused as it was in serious and major conflict with the Brisbane City Plan 2014. Fortress Freeholds Pty Ltd v Brisbane City Council & Ors – What’s the case about? The Planning and Environment Court delivered a decision in the case of Fortress […]
Readmore20 storeys might be too high but not where there’s a strong economic and community need
A 20 storey aged care accommodation and medical facilities building in Buranda was approved as it responded to the strong economic and community need Quintenon Pty Ltd v Brisbane City Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Quintenon Pty Ltd v Brisbane City Council […]
ReadmoreSecurity of Payment Claims Following Termination or Suspension of the Construction Contract
The first High Court decision1 to consider the operation of the security of payment legislation found that a claimant may be unable to submit a payment claim after the termination or suspension of the construction contract. The Facts – Southern Han Breakfast Point Pty Ltd (in liquidation) v Lewence Construction Pty Ltd The facts are […]
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