
When a Refusal Is Not the End: The 2025 Solar and Battery Amendments and Applications on Appeal
Planning and Environment Law Update | [2026] QPEC 31 A recent decision of the Planning and Environment Court is essential reading for anyone developing

When a Development Approval is Older than the Laws that Govern it
How a development application can outlast two planning Acts, and how Queensland’s transitional provisions and the Planning and Environment Court keep a long-running approval

Practice and Procedure: Minor Change, Costs and Case Management
Several of the first-half decisions of 2026 repay attention less for their planning merits than for their treatment of process, from the limits of

Character, Amenity and Building Height: Infill and Demolition Decisions
A cluster of decisions in the first half of 2026 addressed the assessment of character, amenity and height, particularly in Brisbane’s traditional building character

The Community Price: Lawful Conditions and Infrastructure Charges
The Planning and Environment Court’s 2025 decisions on the conditions power, and in particular the reaffirmation in Aesthete No. 15 Pty Ltd v Council

Demonstrated Need Is Not Enough: Planning-Scheme Conflict and the Balanced Discretion
Through the first half of 2026 the Planning and Environment Court continued to apply the broad evaluative judgment described in Abeleda v Brisbane City

The Southern Thornlands PDA: A Guide to Redland’s Newest Growth Area
Introduction The Southern Thornlands Priority Development Area (PDA), located in the Redland City Council local government area, was declared by the Queensland State Government

The Price of Ignoring the Court: Enforcement, Compliance and Contempt in 2026
Enforcement and compliance were a recurring theme in the Planning and Environment Court through the first half of 2026, with the Court repeatedly willing

Development Approval Conditions Are Not Optional
Key Lessons from 1770 Nominees Pty Ltd v Gladstone Regional Council [2026] QPEC 1 A recent decision of the Planning and Environment Court of

Are trees causing unnecessary tension between you and your neighbour?
QCAT has jurisdiction to hear any matter in relation to a tree which land is affected by as per section 61 of the Neighbourhood Disputes (Dividing Fences

Is your property affected by “protected vegetation” under local government laws?
The Natural Assets Local Law 2003 (NALL) is a local law made by Brisbane City Council (Council) that regulates the protection and management of natural assets across Brisbane, particularly

Fortitude Valley – Growing sustainably?
As Brisbane prepares for the 2032 Olympic Games and responds to sustained population growth, the city is turning its attention to one of its

Waterflow Requirements and Legal Considerations for Property Development
When developing land situated above neighbouring properties, careful attention must be given to the natural flow of water. Alterations to drainage patterns can lead

Infrastructure Charges and Development Conditions – 2025 Recap
Disputes over infrastructure charges and conditions featured prominently in 2025, yielding instructive outcomes for Councils and developers negotiating the cost of growth. In OPD Developers Pty

Residue waste levy discounts in Queensland.
Do you believe you are paying too high of a waste levy? Unsure as to whether or not you can get a discount for

Stormwater Drainage – Access and Easements
If a property owner or developer (the Developer) has submitted a development application to make renovations to or subdivide their property or for a

Updates to Brisbane City Plan
The Brisbane City Plan 2014 (City Plan) is Brisbane’s local government planning scheme, which guides the development and use of the city. As Brisbane

The Gold Coast’s “in situ” vegetation laws
Looking to clear vegetation on your Gold Coast property? You may wish to consider the case of JJJM Pty Ltd v Council of the City of Gold Coast [2024] QPEC 9.

Sunshine Coast Council – Draft new Planning Scheme
Submissions close 19 September 2025 The Sunshine Coast Council (Council) has drafted a proposed new planning scheme (Proposed Scheme), which will replace the existing

Environmental Protection Act 1994 – Proposed Amendments
Proposed Amendments to Environmental Protection Legislation The Environmental Protection Act 1994 (“EP Act”), plays a key role in regulating environmental management and protection in

Amendments Relating to Composting Facilities
The laws relating to new and existing composting facilities have changed. This article summarises the changes with particular focus on the new “4 kilometre

Advice on Penalty Infringement Notices
Penalty Infringement Notices (“PINs”) can be issued by the Government for a range ofmatters. Milne Legal can advise you about a range of PINs,

Minor Changes in the Planning Act 2016 (QLD)
The Planning Act 2016 (Qld) (PA) provides a process for making a “minor change” to a development approval. Usually, a minor change application should

Ministerial Extensions during COVID-19
During the height of the COVID-19 pandemic, the Queensland Government issued three “Extension Notices” pursuant to section 275R of the Planning Act 2016 (“the

Infrastructure Charge Notices
Once a development approval is issued, if the development is going to place extra demand on the Council’s trunk infrastructure networks, an infrastructure charges

Dividing Fences and Trees
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (“the ND Act”) defines the ND Act’s objections to provide rules about each neighbour’s responsibility

Costs in the Planning and Environment Court
Section 59 of the Planning and Environment Court Act 2016 (“PECA”) sets out that the usual course in a Planning and Environment Court proceeding

conversion applications
Another element of infrastructure charging to consider is whether trunk infrastructure isrequired to be provided by a development which has not been recognised as

National Pollutant Inventory (NPI) Reporting obligations under the Queensland Environmental Protection Regulation 2019
The Queensland Department of Environment and Science (“the DES”) has recently been crosschecking facilities with an environmental authority with the reporting requirements under theNPI.