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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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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No compensation for the developer after Court refuses application to convert non-trunk infrastructure to trunk infrastructure – Insights for developers and infrastructure providers

In brief –The Planning and Environment Court has for the first time decided an application by a developer to convert non-trunk infrastructure to trunk infrastructure. In a decision that has significant financial implications for developers and infrastructure providers, the Court refused the application and provided guidance on the determination of future conversion applications. Implications Under […]

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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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Approval of a subdivision of productive agricultural or rural land in Mothar Mountain

Wason v Gympie Regional Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Wason v Gympie Regional Council [2017] QPEC 34, which involved an appeal by Lee Wason against the Gympie Regional Council’s decision to refuse a development application for a development permit for reconfiguring a […]

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Character housing is important to the community

Althaus & Anor v Brisbane City Council – What’s the case about? The Planning and Environment Court delivered a decision in the case of Althaus & Anor v Brisbane City Council [2017] QPEC 41 which involved an appeal by Nathan and Laura Althaus against the Brisbane City Council’s decision to refuse their development application seeking […]

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