The applicant (Traspunt) owned vacant land of about two hectares which it proposed to subdivide into 46 lots. Traspunt applied to the respondent Council for approval of that development. The application was approved and a development permit was issued, subject to conditions. It is one of those conditions, Condition 6 which required Traspunt to transfer to the Council part of the land to be “dedicated at no cost to Council”, which is the subject of the dispute in this case. The condition was imposed under s 665 of the Sustainable Planning Act 2009 (Qld). Transpunt appealed to the Planning and Environment Court to have the condition amended to state that it was a condition imposed under s 128 of the Planning Act. The benefit of that amendment, if made, would be to entitle Traspunt to offsets or refunds under the infrastructure provisions of the Planning Act. Absent that amendment, Traspunt would not be entitled to any offset or refund for the value of the dedicated land and, as the condition provided, it would be transferred at no cost to the Council.
The Planning and Environment Court dismissed Traspunt’s appeal. These proceedings were Traspunt’s appeal against that decision. Their Honours found the Planning and Environment Court’s decision was not affected by any error or mistake in law, therefore leave to appeal was refused.
John Ware (with D R Gore QC) appeared for the respondent, instructed by Moreton Bay Regional Council.
The judgment is published here.
