Volume 21 (2023) of our Journal of Legal Knowledge Matters

Summary

The Planning Government Infrastructure and Environment group of Colin Biggers & Paisley welcomes you to 2024, and is pleased to introduce Volume 21 (2023) of our Journal of Legal Knowledge Matters.

We are proud to have shared with you in 2023 over 70 articles, which we have now consolidated in one place in Volume 21 of the Journal of Legal Knowledge Matters. Each article is in respect of a legal or policy issue which arose in 2023 that is relevant to planning, local government, infrastructure, and environment matters in Queensland, New South Wales, and Victoria.

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 2023 - Dec 2023 (3MB)

LEGAL KNOWLEDGE MATTERS ARTICLES JAN 2023 - DEC 2023

Showing:

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
Tough read for Reading Street: The Queensland Planning and Environment Court awards costs after finding part of the proceeding was frivolous and vexatious
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
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
Market value six weeks too early: Supreme Court of Queensland determines dispute about construction of an infrastructure agreement
State Heritage Place listing reversed: Planning and Environment Court of Queensland decides the Ashgrove Methodist Church Complex is not a State Heritage Place
Lack of jurisdiction: The Queensland Court of Appeal considers whether the Planning and Environment Court has jurisdiction to hear and determine an appeal with respect to an application to amend an area development plan under the Springfield Structure Plan
Coal mine climate change challenge canned: The Federal Court of Australia has dismissed applications for judicial review against two decisions of the Minister for the Environment and Water to reaffirm decisions made by the Minister's delegate to approve coal mine expansion operations for the reason that the Minister acted within their statutory power
Rural RoL Refusal Reaffirmed: The Planning and Environment Court of Queensland confirms the refusal of a development application which would fragment rural land

"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
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
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
Complying development certificate invalidated: New South Wales Land and Environment Court has declared a complying development certificate invalid because of draft heritage status
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
No extension: Planning and Environment Court of Queensland has dismissed an application to extend the currency period of a development approval
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)
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

Journal of Legal Knowledge Matters
Volume 21, 2023

Summary

LEGAL KNOWLEDGE MATTERS ARTICLES JAN 2023 - DEC 2023

Download The Compilation

Like to know more?

Journal of Legal Knowledge Matters Volume 21, 2023

Summary

LEGAL KNOWLEDGE MATTERS ARTICLES JAN 2023 - DEC 2023

Download The Compilation

Like to know more?

Journal of Legal Knowledge Matters
Volume 21, 2023