Planning and environment Archives | Page 6 of 10

About us
Locations
- Adelaide
  - Level 1
  - 333 King William Street
  - Adelaide SA 5000
  - GPO Box 949, Adelaide SA 5001
  - +61 8 8456 2433
  - +61 8 8456 2499
  - info.sa@gadens.com
  Location Map
- Brisbane
  - Level 11, ONE ONE ONE
  - 111 Eagle Street
  - Brisbane QLD 4000
  - GPO Box 129, Brisbane QLD 4001
  - +61 7 3231 1666
  - +61 7 3229 5850
  - info.qld@gadens.com
  Location Map
- Melbourne
  - Level 13, Collins Arch
  - 447 Collins Street
  - Melbourne VIC 3000
  - GPO Box 48, Melbourne VIC 3000
  - +61 3 9252 2555
  - +61 3 9252 2500
  - info.vic@gadens.com
  Location Map
- Perth
  - Lavan (Associate office)
  - Level 20
  - 1 William Street
  - Perth WA 6000
  - PO Box F338, Perth WA 6000
  - +61 8 9288 6000
  - +61 8 9288 6001
  - info.wa@gadens.com
  Location Map
- Sydney
  - Level 29
  - 8 Chifley Square
  - Sydney NSW 2000
  - PO Box H332, Australia Square NSW 1215
  - +61 2 9231 4996
  - +61 2 9163 3000
  - info.nsw@gadens.com
  Location Map
International
Careers
News
Contact us

Landowners win appeal against rating categorisation

Local governments in Queensland have a broad discretion to impose rates on land which are a major source of funding for local government. However, landowners have the right to challenge the rating categorisation applied to their land. In BWP Management Limited v Ipswich City Council; W & V Nominees Pty Ltd as Tte for the […]

Dealing with the sale of contaminated land in Queensland – the importance of giving correct notice

The case of FKP Commercial Developments Pty Ltd v Albion Mill FCP Pty & Anor [2017] QSC 322 highlights the importance of ensuring the appropriate notice under section 408 of the Environmental Protection Act 1994 (Qld) (EPA) is given when disposing of land in Queensland which is contaminated. In May 2015, FKP Commercial Developments Pty […]

Solar farm prevails over good quality agricultural land

In Mirani Solar Farm Pty Ltd v Mackay Regional Council & Anor [2018] QPEC 38, the Planning and Environment Court was required to determine whether a large scale solar farm development should be approved on land comprising Good Quality Agricultural Land (GQAL). The proposed solar farm was intended to be for a ‘limited’ period of […]

Company fined for unlawful clearing of marine plants

In the course of carrying out works on private land fronting the Maroochy River on the Sunshine Coast, a company deposited waste building material and fill over an area of low lying land on the property and an adjacent wetland area. Following a complaint from the public, the Queensland Boating and Fisheries Patrol (QBFP) commenced […]

Application for summary judgment dismissed by Planning and Environment Court

The Planning and Environment Court has refused an application for a summary judgment in relation to an originating application made by the Council of the City of Gold Coast seeking declarations and consequential orders in respect of non-compliance with conditions of a development approval for a motor vehicle repair station over premises located in Ormeau. […]

Brisbane’s Future Blueprint

Brisbane is one of the fastest growing cities in Australia and Brisbane City Council has released Brisbane’s Future Blueprint to guide the Council’s actions in shaping the future of Brisbane. While intended to improve planning and development outcomes for the city, the Blueprint presents a number of risks and challenges and has the potential to […]

Changes to a 15 level multi-unit residential development are not a minor change

The Planning and Environment Court has refused an appeal against the decision of Brisbane City Council to refuse a change application for a minor change to a development approval on the basis that the change would result in ‘substantially different development’. The decision provides useful guidance on the consideration of whether proposed changes are a […]

Major Victoria Planning Provisions reform with the gazettal of Amendment VC148

Yesterday (31 July 2018), the Victorian Government gazetted Amendment VC148, providing the most significant overhaul of the Victoria Planning Provisions (the VPP) since they were first introduced in 1997. Designed to modernise and simplify the Victorian Planning System, the reforms have been brought in after nearly a year of consultation led by the “Smart Planning” […]

Recent VCAT decision sets out the limits to when a planning permit can be amended

The Victorian Civil and Administrative Tribunal (VCAT) has considered the limits to when a permit can be amended under section 87A of the Planning and Environment Act 1987 (the Act) in the recent decision in Alkero Development Pty Ltd v Stonnington CC (Red Dot) [2018] VCAT 1120 (Alkero). This decision provides useful guidance to developers […]

Largest overhaul of Environmental Regulation since 1970

In the largest overhaul of environmental legislation in nearly 50 years, the Victorian Government has released its long awaited re-write of environmental protection legislation. The Environment Protection Bill 2018 (Vic) (the Bill) was introduced into Victorian Parliament on Wednesday 20 June 2018. Gadens’ environment team has considered the key changes and impacts arising from the […]

A national approach to PFAS contamination

A new National Environment Management Plan (NEMP) has been agreed between State, Territory and Commonwealth Environment Ministers to tackle a persistent environmental contaminant known as “PFAS” (per-and poly-fluoroalkyl substances). The release of the PFAS NEMP is intended to provide a nationally-consistent approach to the handling, transport, storage and destruction of PFAS contamination. Partner Meg Lee […]

Prosecution for unlawful access to Marine Park

The Queensland Parks and Wildlife Service has successfully prosecuted a person who drove their vehicle onto a designated pedestrian-only beach in the Great Barrier Reef Coast Marine Park contrary to regulatory notices. The person was fined and ordered to pay legal and investigation costs by the Magistrates Court for the offence. Implications It is an […]