Cases - Level Twenty Seven Chambers

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Planning & Environment Cases

Cannon Hill Investments Pty Ltd and Australian Country Choice Production Pty Ltd v Brisbane City Council & Anor; Wilmar Trading (Australia) Pty Ltd v Brisbane City Council & Anor [2022] QPEC 16

14-6-22 / Rob Anderson KC — Planning & Environment

The subject land contained a service station, a drive-through fast-food outlet and a car park, constructed pursuant to a development permit for warehouse, low impact industry and medium impact industry uses. The Co-respondent sought a development permit for a material change of use to part of an existing building for…

JH Northlakes Pty Ltd v Moreton Bay Regional Council [2022] QPEC 18

9-6-22 / John Ware — Planning & Environment

The Applicant sought declarations and consequential orders pursuant to s 11 of the Planning and Environment Court Act 2016. The relief was sought in relation to an Action Notice issued by Council under s 3.1 of the Development Assessment Rules (the Action Notice) and a letter described as a ‘Not…

Robertson v Brisbane City Council & Ors [2022] QCA 45

1-4-22 / Sarah Spottiswood — Appellate, Planning & Environment

An appeal as to whether a structure on top of three storeys of a proposed building is itself a storey as defined in the Brisbane City Plan 2014. Sarah Spottiswood appeared for the appellant, instructed by Connor O’Meara.

Cox v Brisbane City Council & Anor [2022] QPEC 10

24-3-22 / John Ware — Planning & Environment

A submitter appeal against the decision of a Council delegate to approve a development application for a preliminary approval for a material change of use and an associated variation request. The land to which the decision related was 2.5 ha and sleeves the eastern and western sides of the Albion…

Surfers Beachfront Protection Association Inc. (IA 39544) v Council of the City of Gold Coast & Anor (No 2) [2022] QPEC 3

28-1-22 / Rob Anderson KC — Planning & Environment

The applicant sought declarations and orders that would disturb the approval of a section of the Gold Coast Oceanway. The development application was code assessable. The relevant code was State Code 8: Coastal Development and Tidal Works. The applicant’s case argued that the decision was so unreasonable that no decision-maker…