A traffic management plan allowed for the construction of a concrete pathway through a previously approved landscaped garden area. Whether the conditions of the existing landscaping plan were inconsistent with the proposed traffic management plan was in question under s 66(2) of the Planning Act 2016 (Qld). The Court considered that different development approvals may co-exist for the same land, regardless of the fact the approvals may serve different uses. Thus, the Court was not convinced that a previous approval prohibited the construction of a pathway through the landscaped garden bed. The Planning and Environment Court of Queensland accepted the respondent’s submission by finding that the condition was not a prohibited development condition.
John Ware appeared for the respondent, instructed by McInnes Wilson.
The judgment is published here.