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Challenging a Planning Decision: How Appeals Work in the Queensland Planning and Environment Court

23/10/2026 No Comments

Introduction Few things are more frustrating than receiving a planning decision that feels wrong. The QueenslandPlanning and Environment Court (QPEC) exists precisely for these

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When Is a Planning Approval Legally Invalid?

19/10/2026 No Comments

The Queensland Planning and Environment Court clarifies the distinction between challenging the merits of a development approval and establishing jurisdictional error. The Queensland Planning

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A Trial Adjourned as a State Facilitated Development Declaration Looms: Smith v Brisbane City Council [2026] QPEC 35

09/10/2026 No Comments

In Smith v Brisbane City Council & Anor [2026] QPEC 35, the Planning and Environment Court adjourned a five-day trial of a submitter appeal,

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Brisbane City Plan Version 37 Is Now in Effect: What the New Amendments Mean

07/10/2026 No Comments

On 18 September 2026, Brisbane City Plan 2014 was updated to version 37.00/2026. Four adopted amendments commenced on that day. The most significant reshapes

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Smaller Lots and Taller Buildings: Brisbane’s “More Homes, Sooner” Changes to the Low-Medium Density Residential Zone

05/10/2026 No Comments

Brisbane City Council’s “More Homes, Sooner” reforms have reshaped the low-medium density residential (LMR) zone under Brisbane City Plan 2014. The reforms were delivered

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Community benefit agreements: what renewable energy developers now need before they lodge

02/10/2026 No Comments

Since the middle of 2025, a wind, solar or large battery project in Queensland cannot lodge a properly made development application without two documents

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A Non-Minor Change Resets the Clock: Philip Usher Constructions v Logan City Council [2026] QPEC 33

30/09/2026 No Comments

In Philip Usher Constructions Pty Ltd v Logan City Council [2026] QPEC 33, the Planning and Environment Court dismissed a challenge to the validity

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A Modest Change, Not Substantially Different Development: Cordwell Resources v Noosa Shire Council [2026] QPEC 32

28/09/2026 No Comments

In Cordwell Resources Pty Ltd v Noosa Shire Council [2026] QPEC 32, the Planning and Environment Court allowed an appeal against a council’s refusal of

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A Development Approval Set Aside as Legally Unreasonable: Emerald Pharmacy Services Pty Ltd v Central Highlands Regional Council [2026] QPEC 34

25/09/2026 No Comments

Planning and Environment Law Update – [2026] QPEC 34 In Emerald Pharmacy Services Pty Ltd v Central Highlands Regional Council & Anor [2026] QPEC

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The Planning Amendment Regulation 2026: streamlined referrals and renewables certainty

21/09/2026 No Comments

On 11 September 2026, a package of reforms to Queensland’s State assessment framework commenced. Fewer development applications will be referred to the State Assessment

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Who may live here? The laws behind aged and retirement schemes in Queensland

15/09/2026 No Comments

Retirement village, aged care, over 55, Class 3: these labels come from different laws that are easily run together. Here is how Queensland’s planning,

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When a Refusal Is Not the End: The 2025 Solar and Battery Amendments and Applications on Appeal

11/09/2026 No Comments

Planning and Environment Law Update | [2026] QPEC 31 A recent decision of the Planning and Environment Court is essential reading for anyone developing

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When a Development Approval is Older than the Laws that Govern it

03/09/2026 No Comments

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

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Practice and Procedure: Minor Change, Costs and Case Management

01/09/2026 No Comments

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

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Character, Amenity and Building Height: Infill and Demolition Decisions

27/08/2026 No Comments

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

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The Community Price: Lawful Conditions and Infrastructure Charges

25/08/2026 No Comments

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

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Demonstrated Need Is Not Enough: Planning-Scheme Conflict and the Balanced Discretion

21/08/2026 No Comments

Through the first half of 2026 the Planning and Environment Court continued to apply the broad evaluative judgment described in Abeleda v Brisbane City

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The Southern Thornlands PDA: A Guide to Redland’s Newest Growth Area

18/08/2026 No Comments

Introduction The Southern Thornlands Priority Development Area (PDA), located in the Redland City Council local government area, was declared by the Queensland State Government

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The Price of Ignoring the Court: Enforcement, Compliance and Contempt in 2026

13/08/2026 No Comments

Enforcement and compliance were a recurring theme in the Planning and Environment Court through the first half of 2026, with the Court repeatedly willing

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Development Approval Conditions Are Not Optional

23/02/2026 No Comments

Key Lessons from 1770 Nominees Pty Ltd v Gladstone Regional Council [2026] QPEC 1 A recent decision of the Planning and Environment Court of

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Are trees causing unnecessary tension between you and your neighbour?  

06/02/2026 No Comments

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

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Is your property affected by “protected vegetation” under local government laws? 

05/02/2026 No Comments

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

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Fortitude Valley – Growing sustainably?

20/01/2026 No Comments

As Brisbane prepares for the 2032 Olympic Games and responds to sustained population growth, the city is turning its attention to one of its

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Waterflow Requirements and Legal Considerations for Property Development

21/11/2025 No Comments

When developing land situated above neighbouring properties, careful attention must be given to the natural flow of water. Alterations to drainage patterns can lead

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Infrastructure Charges and Development Conditions – 2025 Recap

21/11/2025 No Comments

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

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Residue waste levy discounts in Queensland.

13/11/2025 No Comments

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

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Stormwater Drainage – Access and Easements

25/09/2025 No Comments

If a property owner or developer (the Developer) has submitted a development application to make renovations to or subdivide their property or for a

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Updates to Brisbane City Plan

12/09/2025 No Comments

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

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The Gold Coast’s “in situ” vegetation laws

12/09/2025 No Comments

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.

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