The Planning and Environment Court of Queensland has confirmed that a condition is not lawful merely because it might improve amenity where the approved development already complies with planning controls.
A land owner in contempt of court for the failure to comply with enforcement orders aimed at regularising the unlawful existence of a shed is fined $5,000 and ordered to pay costs capped at $20,000.
The Court of Appeal has granted leave to appeal, clarifying the scope for claiming compensation under section 16 of the Acquisition of Land Act 1967 (Qld).
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