News and Insights

Welcome to the final Planning and Environment Quarterly Case Review of the year! In this festive edition, we bring you summaries of: the P&E Court’s power to grant a stay in an appeal about an enforcement notice concerning alleged vegetation

As winter descends, it’s time for our second Quarterly Case Review for the year. Special Counsel Gemma Chadwick and Partner Sarah Macoun have prepared a read for a cold day, summarising some interesting Court decisions about: minimum lot sizes

In our first Quarterly Case Review for 2023, Partner Sarah Macoun and Special Counsel Gemma Chadwick in our Planning and Environment team cover four interesting cases.  The points covered are novel and topical ranging from: The 'hot button

We’ve kept things short and sweet in our final Planning and Environment Quarterly Case Review for the year. If you’re on the wind down to holidays, or already enjoying a break, this edition has just a few morsels to round out the year. In this ar

Water, or the lack of it, is increasingly becoming an issue in our drying climate, particularly where intensive agricultural activities are being pursued.   In Britza and Shire of Gingin [2022] WASAT 58 (Britza) the Applicant commenced review proce

A recent Court decision is a timely reminder that a submission about a development application must be lodged to the local government within the public notification period.  It is only those submissions that enshrine rights for submitters to commenc

The Part 17 approval pathway contained in the Planning and Development Act 2005 (P&D Act) was intended to be a temporary measure to prioritise significant developments that were construction-ready during the COVID-19 pandemic. The modified approv

Spring has sprung, and the race to the end of the year has begun. School holidays are upon us, footy finals are in full swing, and Melbourne Cup is just around the corner. While we all try and make it through to party season in December, there are a

In this alert, Partner Sarah Macoun and Law Clerk Leia Brook discuss the case of Bob Brown Foundation Inc v Minister for the Environment (No 2) [2022] FCA 873 involving a judicial review of a decision that a delegate of the Minister for the Environm

With the impact of COVID-19, many local governments are moving to an online streaming environment with councillors attending meetings remotely and ratepayers observing with a click of a button. In an online environment the question arises as to wheth

The meaning of ‘dwelling’ and land use characterisation has been a recurrent theme in proceedings involving the Planning and Development Act 2005 (WA). The State Administrative Tribunal has again considered the issue in Mivianjama Pty Ltd and Shi

The COVID-19 pandemic continues to have significant impacts on the community, including the development industry.   Since 2020, the Queensland Government has implemented measures to assist with mitigating issues faced by the development industry as