Victorian Government implements first stage of environmental protection overhaul
The Victorian Government recently introduced a bill to parliament as the first stage of the long anticipated overhaul to Victorian environmental protection legislation. 1. Background In 2016, an independent ministerial advisory committee conducted an inquiry into the Environment Protection Authority Victoria (EPA). As previously reported by Partner, Meg Lee, and lawyer, Linda Choi, the […]
ReadmoreEnforcement orders issued to remedy significant risks posed by unlawful carport and photovoltaic solar panels structures
Gold Coast City Council v Bush & Anor – What’s the case about? The Planning and Environment Court delivered a decision in the case of Gold Coast City Council v Bush & anor [2017] QPEC 29 which involved an application made by Gold Coast City Council to the Court seeking an enforcement order under section 604 […]
ReadmoreApproval of an extension request for multiple unit residential development – consistent with current planning scheme and sufficient community awareness
Lake Maroona Pty Ltd v Gladstone Regional Council – What’s the case about? The Planning and Environment Court of Queensland delivered a decision in the case of Lake Maroona Pty Ltd v Gladstone Regional Council [2017] QPEC 25 which involved an appeal by Lake Maroona against the Gladstone Regional Council’s refusal of a request for […]
ReadmoreLand use code can still be incorporated to rating category description even though it is not approved by resolution
Ugarin Pty Ltd v Lockyer Valley Regional Council – What’s the case about? The Supreme Court of Queensland delivered a decision in the case of Ugarin Pty Ltd v Lockyer Valley Regional Council [2017] QSC 122 which involved a judicial review challenge by Ugarin Pty Ltd against the Lockyer Valley Regional Council’s decision relating to differential […]
Readmore3 residential towers approved on former ABC site despite significant conflicts with planning scheme
The Planning and Environment Court delivered a decision in the case of Bell v Brisbane City Council & Ors [2017] QPEC 26 which involved an appeal commenced by a submitter Kate Bell against the Council’s decision to approve, subject to conditions, a development application made by Sunland Developments No. 8 Pty Ltd. The development application […]
ReadmoreObjection to an expansion of issues in dispute results in an adverse costs order
The Planning and Environment Court in LMRM Pty Ltd v BrisbanCity Council [2017] QPEC 7 made an order that LMRM Pty Ltd pay the Brisbane City Council’s costs of and incidental to its application to expand the issues in dispute in the appeal, on a standard basis. The appeal related to the Council’s decision to refuse […]
ReadmoreNo ability to regularise an unlawful industrial use in Rocklea
The Planning and Environment Court in Delta Contractors (Aust) Pty Ltd v Brisbane City Council [2017] QPEC 13 dismissed an appeal by Delta Contractors (Aust) Pty Ltd against the Brisbane City Council’s refusal of its development application for a development permit for a material change of use for a warehouse with an ancillary office and […]
ReadmoreA change to a proposed service station, carwash facility and drive through restaurant was declared to be a minor change
The Planning and Environment Court in King of Gifts (Qld) Pty Ltd & Anor v Redland City Council & Anor [2017] QPEC 15 declared that a change to a proposed service station, carwash facility and drive through restaurant was a minor change. The changes to the proposed development comprised the following: refining the onsite sewerage […]
ReadmoreApproval of multiple-dwellings development – all depends on the adequacy of the proposed drainage system
The Planning and Environment Court delivered a decision in the case of Spry v Brisbane City Council & Anor [2017] QPEC 16 which involved a submitter appeal against the decision of the Brisbane City Council to approve a development application for a development permit for 3 multiple-dwellings. The issues in dispute in the appeal concerned […]
ReadmoreHigh-rise units (not PPR) rating category was the correct category
Marchesi v Noosa Council – What’s the case about? The Land Court delivered a decision in the case of Marchesi v Noosa Council [2017] QLC 19 which involved an owner’s appeal against a decision of the chief executive officer of Noosa Council on the owner’s objection to the rating category for several parcels of land. The […]
ReadmoreIs your planning scheme robust enough under the new planning framework?
It is less than 2 months before the commencement of the new planning framework in Queensland under the Planning Act 2016. Assessable development Under the new planning framework, there are 2 categories of assessment for assessable development, namely code and impact assessment. Code and impact assessment The Planning Act requires the following: Code […]
ReadmoreDevelopment Assessment Rules
In anticipation of the commencement of the Planning Act 2016 on 3 July 2017, the Department of Infrastructure, Local Government and Planning has released the Development Assessment Rules. The Development Assessment Rules is a statutory instrument made by the Minister under the Planning Act. It is one of the key instruments under the new planning framework […]
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