News and Insights

On 3 February 2025, the Queensland Government introduced the Planning (Wind Farms) Amendment Regulation 2025 which modified the Planning Regulation 2017 and gave effect to the latest version of the State Development Assessment Provisions...

The site in this appeal was large, but constrained. It was located in the Guragunbah floodplain and adjoined the Merrimac Sewerage Treatment Plant (STP). The scale of the development proposal was also large. The appellant had lodged a development

The respondent in this case was in the process of constructing a building which was intended to be used for speciality disability accommodation for people with disabilities, who would be supported under the NDIS. Building approvals were in place, but

Questions of “minor change” are often tricky and turn on the particular facts and circumstances. However, in understanding the bounds of the test, it is sometimes useful to consider examples of what has been found by the Court to not be a “min

This case involved an appeal against an infrastructure charges notice issued by Logan City Council, where the appellant argued that the infrastructure charges notice (ICN) should be set aside and replaced with, or changed to a levied charge of ‘nil

Welcome to the first Planning and Environment Quarterly Case Review of 2024. This article will summarise two very interesting cases that arose outside of the Planning and Environment Court, and also discuss a quartet of topical P&E cases.

A core consideration in development assessment is the level of compliance with the assessment benchmarks in a local government planning scheme.  However, in the face of a ‘non-compliance’ with an assessment benchmark (such as a building height l

Key issues: On 21 July 2019, the State Government released for consultation a draft “Model code for neighbourhood design” together with an overview document titled “Creating healthy and active communities”.  The draft Model Code encourage

The Planning Act 2016 (Planning Act) commenced on 3 July 2017. As the first appeals work their way through the system, the Court has recently had to address a complex issue arising from the transitional provisions - for applications that had been a

On 22 November 2017, HopgoodGanim Lawyers presented a seminar on some interesting changes in the world of waste - the amendments to the end of waste framework and the review of waste-related ERAs and regulated waste classification system.  Major poi

On 6 October 2017, the Planning Regulation 2017 (Planning Regulation) was amended to address an issue that had arisen regarding contaminated land. Previously, a prohibition in the Planning Regulation was in place so that a development application f

When land is resumed, and interests in the land are converted into a right to claim compensation, the central question is always - what is the highest and best use of the land? Often, there is no development approval in place at the date of a resumpt