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 alive. Some development applications are decided in months. A few take a generation. An application lodged in 2004 and not brought fully into effect until 2026 has to survive more than […]
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 the minor change power to costs, apprehended bias, owner’s consent and the management of an appeal running alongside a criminal prosecution. The limits of the minor change power were tested repeatedly. […]
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 areas and on the Gold Coast. They repay attention by anyone advising on infill and demolition, because each turns on the evaluative judgments the Court makes for itself on the primary […]
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 of the City of Gold Coast (No 2) [2025] QPEC 25 that a lawful condition must be relevant to but not an unreasonable imposition on the development, or reasonably required, continued […]
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 Council [2020] QCA 257, under which non-compliance with a planning scheme does not compel refusal but must be weighed in a balanced decision in the public interest. The consistent refrain of […]
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 on 4 April 2025 and is now open for public notification until 15 September 2026. What is a Priority Development Area (PDA)? A PDA is an area of land designated by […]
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 to escalate the consequences where an approval or an order is ignored. We have already examined the starting point of that trend in our earlier article, “Development Approval Conditions Are Not […]
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, […]