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 Queensland provides a significant reminder to developers, landowners, and commercial operators that compliance with development approval conditions is mandatory. In 1770 Nominees Pty Ltd & Anor v Gladstone Regional Council [2026] […]
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 and Trees) Act 2011 (the Act). Section 66(2) of the Act provides that: “QCAT may make the orders it considers appropriate in relation to a tree affecting the neighbour’s land … (a) to prevent serious […]
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 vegetation and ecological features that contribute to biodiversity, landscape character and environmental health. Damaging or removing protected vegetation without a permit can lead to fines or enforcement orders. The NALL applies in addition to, and complements other legislation, […]
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 most complex and character-rich precincts – Fortitude Valley. The Fortitude Valley Sustainable Growth Precinct Plan (FV Plan) will replace the existing neighbourhood plan, which has guided development for the past 15 […]
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 to excess runoff, causing damage to lower land and potentially giving rise to claims in nuisance. This article outlines the obligations of developers and landowners, the concept of a lawful point […]
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 Ltd & Anor v Logan City Council [2025] QPEC 8, the Court struck down a local government’s infrastructure charges notice (ICN) as invalid. The applicants (a developer partnership behind a new private […]
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 residue waste? In Queensland, the waste levy operates under: (a) the Waste Reduction and Recycling Act 2011; and (b) the Waste Reduction and Recycling Regulation 2023. The Act and the Regulation […]
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 change of use or operational works (Development Application), it is paramount they consider the connection of stormwater pipes, any overland flow paths and lawful points of discharge. If no lawful point […]
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 continues to grow, Brisbane City Council regularly updates and amends the City Plan to support development and infrastructure. The most current amendment is v33.00/2025, which was effected on 27 June 2025 […]
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.