Volume 19 (2021) of our Journal of Legal Knowledge Matters

Summary

The Planning Government Infrastructure and Environment group of Colin Biggers & Paisley welcomes you to 2022, and is pleased to introduce Volume 19 (2021) of our Journal of Legal Knowledge Matters.

We are proud to have shared with you in 2021 over 60 articles, which we have now consolidated in one place in Volume 19 of the Journal of Legal Knowledge Matters. Each article is in respect of a legal or policy issue which arose in 2021 that is relevant to planning, local government, infrastructure, and environment matters in Queensland, New South Wales, and South Australia. If you would like to read any of our other publications, please navigate to the section Our Knowledge on our group's homepage.

Download Legal Knowledge Matters Jan 2021 - Dec 2021 (3MB)

LEGAL KNOWLEDGE MATTERS ARTICLES JAN 2021 - DEC 2021

Showing:

Applications to modify a development consent in New South Wales cannot be amended prior to determination
Supreme Court of Queensland dismisses an application for the disclosure of advice prepared by a barrister for his client, which was referred to in correspondence to encourage the other party to the dispute to accept an offer of settlement
Queensland Planning and Environment Court dismisses an appeal against the refusal of a development application to re-start a hard rock and sandstone quarry on the Sunshine Coast
Queensland Planning and Environment Court refuses a proposed childcare centre because of unacceptable traffic impacts, and a lack of need or other relevant matters supporting approval
Federal Court of Australia finds that the water trigger under the EPBC Act applies to the North Galilee Water Scheme Infrastructure Project
South Australian Environment, Resources and Development Court finds in respect of the new planning regime that "misconduct" warranting an award of costs does not include conduct that is open to a party in the provisions of the statute
Planning certificates and the limits of statutory immunity for New South Wales' councils
Enforcement notices issued to landowners who were alleged to have cleared vegetation on their property to protect against the risk of bushfires have been set aside by the Planning and Environment Court of Queensland
Queensland decision-making framework under the Planning Act 2016 (Qld) does not assume that it is against the public interest to approve a development that conflicts with a planning scheme
Queensland planning discretion exercised in favour of an impact assessable multiple dwelling development, which was non-compliant with the planning scheme
Planning and Environment Court of Queensland decides not to grant the declarations sought due to a lack of evidence
Calculating Gross Floor Area contributions and the implications of overpayment in New South Wales
Planning and Environment Court rules that a pre-1947 house in Brighton, Queensland can be demolished as redevelopment has robbed the street of its traditional character
Regulated waste facility in rural Queensland to proceed in light of planning and economic needs, notwithstanding considerations in a new planning scheme
Planning and Environment Court of Queensland allows inconsistent conditions in two different development approvals over the same premises
Queensland Court of Appeal discusses the principles of statutory construction in a case decided in 2014
South Australian Supreme Court clarifies in relation to an exception or exclusion to a development offence when the reverse onus of proof will be triggered
Planning and Environment Court of Queensland considers the current state of jurisprudence for assessing and deciding development applications under the Planning Act 2016 (Qld)
Queensland Planning and Environment Court determines whether development conditions restricting vehicle movements ought to be imposed and whether there was an error in the calculation of extra demand
Queensland Court of Appeal dismissed an appeal in relation to a development approval to regularise the use of a site for, relevantly, "driving instructing"
Land Court of Queensland orders the applicant for a mining lease to pay compensation for the supervision and management obligations of the landowner
Too little, too late: South Australian Supreme Court dismisses an application to extend a development plan consent, where the consent was not acted upon within 12 months
Queensland Planning and Environment Court allows appeal on the basis of the Development Tribunal's failure to consider Part E of the State Planning Policy 2017
Planning and Environment Court of Queensland determines orders to secure compliance with the Planning Act 2016 for a three-storey, seventeen-bedroom, dwelling house unlawfully used as an "accommodation building"
Proposed use as a McDonald's restaurant is contemplated by the Planning Scheme and therefore approved
Planning and Environment Court of Queensland excuses a non-compliant decision notice and determines that Council does not need to look behind an ostensibly valid owner's consent form
District Court dismisses claim for nuisance arising from the concentrated flow of water over the plaintiffs' property
Changing a change application for a development approval under the Planning Act 2016

Planning and Environment Court of Queensland rejects a third application to extend a development approval for material change of use where there were chronic and persistent project funding difficulties
Queensland Court of Appeal refuses leave to appeal against enforcement orders requiring the modification of a dwelling to prevent it being misused for rental accommodation
Land Court of Queensland finds that further particulars are not required to articulate human rights objections to an application for a mining lease for a thermal coal mine in the Galilee Basin
Planning and Environment Court of Queensland dismisses an appeal to extend the currency period of an approval which authorised development prohibited under current planning laws
High Court of Australia confirms the Queensland Court of Appeal's decision that the levying of infrastructure charges was to be under the current infrastructure charging regime
Planning and Environment Court of Queensland focuses on the proposed primary activity to determine the appropriate use category, and declines to make a declaration that a development application for a brewery is impact assessable rather than code assessable
Queensland Court of Appeal finds that approving development which conflicts with a planning scheme requires evidence of why land that does not have those conflicts is not suitable
New South Wales Court of Appeal awards costs in respect of a noise complaint that could have been avoided
New South Wales Land and Environment Court has power to enforce statutory obligations under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
Queensland Court of Appeal finds that the Planning and Environment Court erred in failing to consider the requirements for "local community" under the CairnsPlan 2016
Queensland Court of Appeal finds that the nature of the use of land may be considered by a local government when determining a rating category for, and levying, differential general rates
Planning and Environment Court of Queensland finds that proposed development was capable of falling within the defined use and refuses to grant the declaration sought
Planning and Environment Court of Queensland excuses the applicant's non-compliance with a statutory requirement to substantially start demolition within two months of being given a building approval
New South Wales Court of Criminal Appeal finds that admissions made in civil proceedings can be used against defendants in criminal proceedings
Planning and Environment Court of Queensland allows the revival of a minor change application previously refused
Queensland Planning and Environment Court emphasises the importance of experts providing the basis for their opinions when giving expert evidence
Queensland Planning and Environment Court allows an appeal against the refusal of a development application for an advertising device
Land Court of Queensland considers the legal test for a threatened breach of confidence by an expert witness
Queensland Supreme Court finds that a local government's decision-making process failed to consider the merits of competing expressions of interest for a 99 year lease over land in the Torres Strait Islands
New South Wales Court of Appeal finds there is no power to determine a modification application seeking to reduce development contributions after payment
Planning and Environment Court of Queensland allows the proposed demolition of a pre-1947 house
Compensation for the compulsory acquisition of native title rights awarded by New South Wales Courts
Supreme Court of South Australia finds that the performance by ratepayers of a statutory obligation to pay rates does not create a trust limiting a local government's use of its land
High Court of Australia orders that New Acland's applications for mining leases and an amended environmental authority be referred back to the Land Court for rehearing
New South Wales Court of Appeal confirms that there does not need to be a "proper planning purpose" for it to grant injunctive relief in its civil enforcement jurisdiction
Queensland Court of Appeal finds that the Planning and Environment Court did not make an error of law in construing the scope of a planning approval granted in 1991, which authorised the use of a private airspace and hangar building
South Australian Supreme Court dismisses an appeal by an employer, which alleged an error of the application of the statutory equivalent of vicarious liability for contraventions of mandatory provisions of the Environment Protection (Water Quality) Policy 2003 (SA)
Planning and Environment Court of Queensland lacks jurisdiction to hear an appeal against the value of an offset or refund, where the value was adopted and applied using the method prescribed in the local government's charges resolution

Journal of Legal Knowledge Matters
Volume 19, 2021

Summary

LEGAL KNOWLEDGE MATTERS ARTICLES JAN 2021 - DEC 2021

Download The Compilation

Like to know more?

Journal of Legal Knowledge Matters Volume 19, 2021

Summary

LEGAL KNOWLEDGE MATTERS ARTICLES JAN 2021 - DEC 2021

Download The Compilation

Like to know more?

Journal of Legal Knowledge Matters
Volume 19, 2021