Council wins costs against company and director
In Gold Coast City Council v Adrian’s Metal Management Pty Ltd & Ors (No.2), the Planning and Environment Court has awarded costs on the standard basis against the company and its director in enforcement proceedings taken by the Council to stop the unlawful operation of a scrap metal yard.Enforcement Proceedings The company operated a scrap metal […]
ReadmoreMore greenspace for Brisbane
As part of the Brisbane City Council’s (Council) commitment to implementing ‘Brisbane’s Future Blueprint’, it has recently further announced its support for the implementation of rooftop gardens as part of new developments, to bolster inner-city greenspace through proposed amendments to the Brisbane City Plan (City Plan). The proposed amendment to the City Plan, is to […]
ReadmoreStayin’ alive: Revival of lapsed Development Approvals
The currency period / expiry period for a development approval can be extended by making an extension application under section 86 of the Planning Act 2016, but only if the request is made to the assessment manager prior to the lapsing of the development approval. The Court has a wide discretion to excuse non-compliance with […]
ReadmoreDevelopment refused due to conflict with planning scheme despite consistency with local character
The Court in WOL Projects Pty Ltd v Gold Coast City Council [2018] QPEC 48 recently refused a proposed development comprised of four detached two storey dwellings for a property located in Robina. The property is approximately 2,301 sqm and the development proposed a total site cover of 28.41 percent. The site is located within […]
ReadmoreExecutive officer and company fined for breaches of the EP Act
Under the Environmental Protection Act 1994 (EP Act), it is an offence to breach a condition of an environmental authority (EA). Where an offence is committed by a corporation, executive officers of the corporation also commit an offence of failing to ensure the corporation complies with the EP Act. As is demonstrated by the following, […]
ReadmoreVictorian Government reinforces commitment to Solar Energy with new Guidelines
The Victorian Government recently released draft Solar Energy Facilities – Design and Development Guidelines (Guidelines) to assist the development of large-scale solar energy facilities. It is intended that following consultation with the community and industry, the final version of the Guidelines will become a source of advice on the development of best practice facilities in […]
ReadmoreVCAT makes important decision on balance between urban development and resource extraction in growth areas
Gadens recently acted for Austral Bricks in its successful application at the Victorian Civil and Administrative Tribunal (the Tribunal) for review of a refusal by the Mitchell Shire Council of its planning permit application for approval to extract red plastic clay from a 160 hectare property in Wallan East (the Wallan Quarry). On 2 October […]
ReadmoreLeasing Insider | NB2 Pty Ltd v P.T. Ltd [2018] NSWCA 10
In 2004, NB2 Pty Ltd (Tenant) purchased an independent fresh fruit and vegetable business operating from a premises in the Fresh Food Precinct at Westfield’s Miranda Shopping Centre (Centre). The Tenant was one of three operators selling fresh fruit and vegetables in the Centre, the others being a Woolworths supermarket (located at the opposite end […]
ReadmoreLandowners 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 […]
ReadmoreDealing 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 […]
ReadmoreSolar 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 […]
ReadmoreLeasing Insider | AVC Operations Pty Ltd v Teley Pty Ltd (Building and Property) – [2018] VCAT 931
AVC Operations Pty Ltd (the Tenant) entered into an asset sale agreement with Wheatland Hotels Toorak Pty Ltd (the Assignee) for the sale of the “Bush Inn” business operated from a premises on Malvern Road, Toorak. The Tenant sought the consent of Teley Pty Ltd (the Landlord) to assign the lease for the business to the […]
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