Court rescues landowner from oversight which results in lapsing of development approval

The 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 This decision was determined under the provisions of the now repealed […]

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Fine imposed for disposing of asbestos without a valid environmental authority

Mr 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 […]

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Rating of Land – what happens when there is no applicable rating category

In 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 […]

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Court dismisses appeal against decision to refuse development application for the demolition of a pre-1946 dwelling

In 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 […]

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Dog owner loses fight to save dog after attack on child

In brief – The owner of a dog that seriously injured a young girl has failed to save the dog from destruction after the Queensland Civil and Administrative Tribunal (QCAT) refused to overturn a decision of the Moreton Bay Regional Council that the dog be destroyed. QCAT rejected the owner’s claims that the Council was […]

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Supreme Court declares landowner is required to pay outstanding infrastructure charges

In 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. […]

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Demolition of pre-1947 residential building refused

In 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 […]

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Jail time for subcontractor convicted of providing false information

In 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 an […]

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Court declares development application for telecommunications tower unlawful

In 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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Changes to a staged residential subdivision in Burnside were considered to be permissible changes

Highgate Developments Pty Ltd v Sunshine Coast Regional Council – What’s the case about? The Planning and Environment Court delivered a decision in the matter of Highgate Developments Pty Ltd v Sunshine Coast Regional Council [2017] QPEC37 which involved a permissible change request made by Highgate Developments Pty Ltd to the Sunshine Coast Regional Council […]

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Council was ordered to pay the applicant’s costs insofar as it related to a hearing to determine whether conditions ought to be included in a development approval for a residential development in Morayfield.

Wust v Moreton Bay Regional Council – What’s the case about? The Planning and Environment Court in the matter of Wust v Moreton Bay Regional Council (No. 2) [2017] QPEC 36 made an order requiring the Moreton Bay Regional Council to pay Brian Wust’s costs of the appeal to the extent that the costs related […]

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Denial of procedural fairness – remit to a new Committee

Amos v Brisbane City Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Amos v Brisbane City Council [2017] QPEC 33 which involved an appeal by Edward Amos against the decision of the Building and Development Committee to allow the Brisbane City Council to give him […]

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