Enforcement 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 […]
ReadmoreCommercial Building Disclosure – threshold halves from 1 July 2017 – Are you ready?
From 1 July 2017, the threshold for the compulsory Commercial Building Disclosure (CBD) of an office building’s energy efficiency will reduce from 2,000m2 to 1,000m2. The legislation, which commenced in 2010, requires most owners of office buildings to have a current building energy efficiency certificate (BEEC) before offering to sell or lease their property. The […]
ReadmoreLandlords again prevented from recovering Land Tax under pre-30 June 2009 commercial leases
On 16 June 2017, the Queensland Government passed changes to the Land Tax Act 2010 (Qld) dealing with a landlord’s right to recover land tax from tenants. The changes are a reversal of the decision in late 2016 in Vikpro Pty Ltd v Wyuna Court Pty Ltd ATF Wyuna Court Unit Trust [2016] QCA 225 […]
ReadmoreAlignment with the National Mortgage Form
In the last 12 months there have been changes to the processes for each land registry across Australia (collectively referred to as the Land Registry) to accommodate e-settlements as we move towards an ‘alignment’ of forms and procedures across all jurisdictions. The process of aligning all jurisdictions to using a uniform set of forms and […]
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 […]
Readmore
