The Planning and Environment Court dismissed an application made by an applicant Steven Becker seeking a declaration that the Court was the responsible entity for a change application for a minor change to a development approval which was originally granted by the Court. This decision has implications for developers and local government moving forward in […]
ReadmoreThe Planning and Environment Court granted an application for a request for a permissible change to a development approval for a residential subdivision on land located in Diddillibah. This decision has important implications for developers and local government moving forward in relation to how the transitional provisions operate under the Planning Act 2016. Implications […]
ReadmoreIn a landmark decision, the Queensland Supreme Court has declared that rates and charges levied by Fraser Coast Regional Council are invalid due to the failure of the Council to properly adopt the rates and charges levied. Implications Local governments must levy rates and charges in accordance with the Local Government Act 2009 (Act). […]
ReadmoreFollowing the Better Apartments – A Discussion Paper (May 2015) and the Better Apartments Public Engagement Report (December 2015), the Victorian Government has now released the long awaited Better Apartments Draft Design Standards (Draft Standards). Partner Meg Lee and lawyer Linda Choi highlight the key proposals. The Draft Standards aim to raise the quality of […]
ReadmoreThe Planning and Environment Court made a declaration that a development approval for residential purposes over land in Beerwah had lapsed and an order that the time for the making of a request to extend the relevant period of the development approval be extended. This decision was determined under the provisions of the now repealed […]
ReadmoreMr Wayne Wharton was convicted of 65 offences under the Environmental Protection Act 1994 and fined $25,000 and ordered to pay legal and investigation costs of around $3,000 by the Ipswich Magistrates Court for carrying out an environmentally relevant activity without a valid environmental authority. Implications It is an offence under section 426 of the […]
ReadmoreIn brief – The categorisation of land for rating purposes has major financial impacts for landowners and local governments. In a recent appeal about the categorisation of land for rating purposes, the Land Court had to deal with a situation where it found that neither of the rating categorises submitted by the owner or Council […]
ReadmoreIn brief – The Planning and Environment Court has dismissed an appeal against Brisbane City Council’s decision to refuse a development application for the demolition of a pre-1946 dwelling in Spring Hill. This is one of many decisions this year which act as a reminder to developers that Brisbane City Council has taken a firm […]
ReadmoreIn brief – The Supreme Court has dismissed an application by a landowner seeking a declaration that it was not liable to pay unpaid infrastructure charges by way of a rate notice it received as the owner of the land in relation to a development approval which was obtained and acted upon by a tenant. […]
ReadmoreIn brief – The Planning and Environment Court has refused a development application for a preliminary approval for building work to facilitate a demolition of a pre-1947 residential building at Albion, as the street in which it was located contained visual and traditional character and the demolition of the building would result in a loss […]
ReadmoreIn brief –The Magistrates Court has sentenced a man to two months’ imprisonment after being convicted of four offences under the Environmental Protection Act 1994, in a decision that demonstrates that courts will not shy away from prison time when dealing with the provision of false and misleading information. Key take outs It is […]
ReadmoreIn brief – The Planning and Environment Court made declarations that the assessment of a telecommunication facility was code and not impact assessable under the local government’s planning scheme, and consequently the decision of the local government to assess the application on the basis it was impact assessable was void and of no effect. This […]
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