Our Knowledge

23 Apr 2024

Legal Knowledge Matters
Planning and development
Government
Local government

Written by David Passarella, Ashleigh Pope, Evie Atkinson-Willes

"Existence of a disputed claim is central to the process of resolving compensation claims": Victorian Civil and Administrative Tribunal strikes out claimant's application as misconceived

22 Apr 2024

Legal Knowledge Matters
Planning and development
Local government

Written by Ian Wright, Nadia Czachor, Marnie Robbins

Holiday cancelled: dismissal of appeal against the refusal of a local law permit for short stay letting in Noosa because the relevant approval did not allow for short-term accommodation or a visitor use

22 Apr 2024

Legal Knowledge Matters
Planning and development
Local government
Government

Written by Ian Wright, Nadia Czachor, Victoria Knesl

Acceptable amenity impacts: Planning and Environment Court of Queensland confirms approval of three-storey multiple dwelling at Main Beach on the Gold Coast with minor shadow impacts

22 Apr 2024

Legal Knowledge Matters
Planning and development
Local government

Written by Todd Neal, Anthony Landro (1), Rebecca Pellizzon

Complying development certificate invalidated: New South Wales Land and Environment Court has declared a complying development certificate invalid because of draft heritage status

22 Apr 2024

Legal Knowledge Matters
Planning and development
Local government

Written by Ian Wright, Nadia Czachor, Matt Richards

End of the road: Planning and Environment Court of Queensland refuses minor change application finding there is inadequate amenity and traffic evidence to establish proposed changes would not result in substantially different development

22 Apr 2024

Legal Knowledge Matters
Planning and development
Local government

Written by Ian Wright, Nadia Czachor, Erin Schipp

No extension: Planning and Environment Court of Queensland has dismissed an application to extend the currency period of a development approval

27 Mar 2024

Legal Knowledge Matters
Planning and development
Local government

Written by David Passarella, Evie Atkinson-Willes

Change to objector review rights: Amendment VC243 has knock on effects for applications for review of Council decisions to grant a permit issued before gazettal

27 Mar 2024

Legal Knowledge Matters
Planning and development

Written by David Passarella

Development permit is a "statutory authorisation": Victorian Civil and Administrative Tribunal's decision in the case Hanson Construction Materials Pty Ltd v Greater Bendigo CC (Corrected) (Red Dot) [2023] VCAT 1341 (2 December 2023)

26 Mar 2024

Legal Knowledge Matters
Planning and development
Local government

Written by Ian Wright, Nadia Czachor, Erin Schipp

Amounts levied to be refunded by local government: High Court of Australia has rejected a "good consideration" defence by a local government against the repayment of invalid special levies

26 Mar 2024

Legal Knowledge Matters
Planning and development
Local government

Written by Ian Wright, Nadia Czachor, Marnie Robbins

Fine is manifestly inadequate: District Court of Queensland allows appeal after finding penalty imposed on respondent company for demolition of historical cottage was manifestly inadequate

26 Mar 2024

Legal Knowledge Matters
Planning and development
Local government

Written by Ian Wright, Nadia Czachor, Erin Schipp

Positive attributes outweigh non-compliance: Planning and Environment Court of Queensland dismisses a submitter appeal in respect of a proposed 5-star resort complex in Airlie Beach

25 Mar 2024

Legal Knowledge Matters
Planning and development
Local government

Written by Ian Wright, Nadia Czachor, Victoria Knesl

Market value six weeks too early: Supreme Court of Queensland determines dispute about construction of an infrastructure agreement