Volume 20 (2022) of our Journal of Legal Knowledge Matters

Summary

The Planning Government Infrastructure and Environment group of Colin Biggers & Paisley welcomes you to 2023, and is pleased to introduce Volume 20 (2022) of our Journal of Legal Knowledge Matters.

We are proud to have shared with you in 2022 over 60 articles, which we have now consolidated in one place in Volume 20 of the Journal of Legal Knowledge Matters. Each article is in respect of a legal or policy issue which arose in 2022 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 2022 - Dec 2022 (3MB)

LEGAL KNOWLEDGE MATTERS ARTICLES JAN 2022 - DEC 2022

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Procedural fairness determined by the Supreme Court of Queensland to include the right to be heard in respect of alternative proposals considered by the resuming local government
Limits of existing use rights are reiterated by the New South Wales Land and Environment Court
Lack of need and the preservation of rural character results in the Planning and Environment Court dismissing an appeal against the refusal of a service station in Cairns
Queensland Court of Appeal finds no error of law in respect of a refusal of a change application seeking to remove a stepped form frontage of an apartment building that was held to be integral to the original approval
Australian Federal Court dismisses applications for a summary dismissal of an application for compensation by the Pitta Pitta People
Development on the right track as Planning and Environment Court of Queensland dismisses a submitter appeal against the decision to approve a development application for development on land that saddles the Albion train station
Planning and Environment Court of Queensland allows an appeal against the refusal of the demolition of a pre-1947 house that no longer contributed to traditional building character
Planning and Environment Court of Queensland upholds a decision to regularise an existing unlawful dance studio in a warehouse
Planning and Environment Court of Queensland approves proposed residential lots in proximity to an industrial zone after finding that the development reflects the planning strategies of the Brisbane City Plan 2014
Another storey: Queensland Court of Appeal upholds the Queensland's Planning and Environment Court's interpretation of "storey" and affirms a local government's decision to approve a code assessable development application for multiple dwellings
Planning and Environment Court of Queensland dismisses appeal in respect of proposed accommodation activities and prefers to preserve the industrial land
Non-compliances with an enforcement order result in the Planning and Environment Court of Queensland finding contempt and ordering costs on the standard basis
Planning and Environment Court of Queensland digs deep into a regional town's capacity to provide accommodation for miners in rejecting a development application for a permanent works camp
Planning and Environment Court of Queensland approves proposed multiple dwellings after finding the loss of residents' city views was within reasonable expectations
Local government to pay over one million dollars in damages after Supreme Court of Queensland decides workers' compensation claim for psychiatric injury in favour of former payroll supervisor
New South Wales Land and Environment Court considers in respect of compensation the statutory requirement to disregard public purpose, the potential up zoning of land, a claim for stamp duty, and solatium
Road out of COVID-19: Let's revive development in Fishermans Bend, Victoria
Planning and Environment Court of Queensland determines whether a development approval granted by the Chief Executive administering the Environmental Protection Act 1994 (Qld) in respect of the construction of Surfers South Oceanway was legally unreasonable
Planning and Environment Court of Queensland upholds Council's decision to refuse a development application to reconfigure a single lot into eight lots for a residential care facility
Planning and Environment Court of Queensland dismisses an appeal against the refusal of a relocatable home facility
Lack of impact on character and amenity sees the Planning and Environment Court of Queensland approve multiple dwelling units despite some inconsistency with the relevant planning scheme
Environmental Mitigation Levy introduced in Victoria under the Melbourne Strategic Assessment (Environment Mitigation Levy Act) 2020 (Vic)
High Court of Australia finds that the certification functions of a representative body under the Native Title Act 1993 (Cth) are able to be performed by a representative body's chief executive officer
Planning and Environment Court of Queensland dismisses an appeal against a proposed residential apartment building in New Farm, Brisbane
Statutory interest in compulsory acquisition proceedings in New South Wales: latest Court update
Development out of the dark as the Planning and Environment Court of Queensland allows an appeal against conditions requiring underground electrical infrastructure
Supreme Court of Queensland determines whether a local government is required to refund special charges levied under invalid resolutions, including amounts already spent
Planning and Environment Court of Queensland allows a minor change application, which varies the effect of the planning scheme to lock in minimum carparking for apartments
Planning and Environment Court of Queensland dismisses a change application seeking to remove a stepped form frontage that was integral to the original approval

Determination that native title does not exist in relation to land in rural Queensland
Planning and Environment Court of Queensland upholds submitter appeal and refuses a development application for a multiple dwelling in a medium density residential zone
Planning and Environment Court of Queensland exercises discretion to approve a childcare centre despite non-compliance with the planning scheme
Planning and Environment Court of Queensland rejects appeals made under the Planning Act 2016 (Qld) in respect of development applications made over a decade ago under the Integrated Planning Act 1997 (Qld)
Queensland Court of Appeal serves up a decision refusing leave to appeal against a refusal to grant a declaration that a proposed restaurant was impact assessable
Compensation determination for resumption of land remitted to Land Court of Queensland to separately determine appropriate rate per hectare and appropriate discount
Planning and Environment Court of Queensland approves a development application for a childcare centre in the low density residential zone
Planning and Environment Court of Queensland upholds a deemed refusal for development of a large rural holding into a master planned residential community
Failure to lodge a submission on time due to unreasonable reliance on a local government's website was not excused by the Planning and Environment Court of Queensland
No error of law to fuel an application for leave to appeal to the Queensland Court of Appeal
Planning and Environment Court of Queensland dismisses a submitter appeal against the approval of a proposed four-storey residential dwelling where the submitter contended the height ought to only be three storeys
Check-in to a recent decision of the Planning and Environment Court of Queensland permitting the removal of a development condition requiring units of a motel to be managed and let by a single operator
Planning and Environment Court of Queensland dismisses an appeal against the decision to refuse a development application for the demolition of a pre-1947 dwelling house
Reconfiguring a lot into three lots in Brisbane's character residential zone approved on appeal
Planning and Environment Court of Queensland upholds decision to approve neighbourhood centre because of overwhelming need despite considerable non-compliance with the planning scheme
Planning and Environment Court of Queensland refuses the development of a mixed-use marketplace after finding that the development failed to meet the "Noosa Style" and expectations of the community
Planning and Environment Court of Queensland dismisses an appeal against a refusal of a proposed shopping centre on the basis that the applicant failed to demonstrate need
Planning and Environment Court of Queensland upholds refusal of proposed "out-of-centre" shopping centre
Planning and Environment Court of Queensland fuels a proposed development in allowing an appeal against the decision of a local government to restrict the operating hours of a service station
Unjust enrichment insufficient to defend a refund of special charges levied as a result of the invalid resolutions of a Queensland local government
"Broad-brush" approach to adopted charges for working out the cost of extra demand placed on trunk infrastructure networks upheld by the Planning and Environment Court of Queensland
Need for a new local centre outweighs requirements that development be "small scale" and service the "local community" in a remitted planning appeal in the Planning and Environment Court of Queensland
Planning and Environment Court of Queensland dismisses appeal against the refusal of a hard rock quarry and concrete batching plant because of unacceptable noise impacts
Automotive business loses traction after Planning and Environment Court orders the cessation of the unlawful use
Planning and Environment Court of Queensland approves demolition of pre-1947 dwelling, finding that its "traditional building character is weak"
Planning and Environment Court of Queensland approves a change application after finding that a 2.6 metre extension to a jetty is a minor change
Planning and Environment Court of Queensland dismisses an application for costs in circumstances where opposition to a declaratory proceeding was ultimately vindicated
Victorian Civil and Administrative Tribunal rules on the expiration of an amended planning permit

Journal of Legal Knowledge Matters
Volume 20, 2022

Summary

LEGAL KNOWLEDGE MATTERS ARTICLES JAN 2022 - DEC 2022

Download The Compilation

Like to know more?

Journal of Legal Knowledge Matters Volume 20, 2022

Summary

LEGAL KNOWLEDGE MATTERS ARTICLES JAN 2022 - DEC 2022

Download The Compilation

Like to know more?

Journal of Legal Knowledge Matters
Volume 20, 2022