Category: Planning and Environment

We regularly distribute updates to our clients and contacts on specialised areas of law.

Please contact us if you wish to be added to the distribution list for these newsletters. The information is accurate at the time of writing but the law may have changed. You should treat this information as general advice only and seek specific advice for your particular circumstances.

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Significant changes to project assessment and decision-making in Queensland

Changes made to the State Development and Public Works Organisation Act 1971 (State Development Act) will empower the Minister for State Development, Infrastructure and Planning (Minister) or the Coordinator-General (CG) to facilitate projects, considered to be of strategic importance in Queensland, by way of new tools which will “fast-track” approval processes, provide for infrastructure coordination and changes to land access and land acquisition powers.

These expanded powers have the potential to impact existing planning assessment processes, decision-making

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ALERT – Deadline for action if your property has been adversley affected by the amendments to the Noosa Planning Scheme is 25 September.

Amendment No.2 to the Noosa Plan 2020 commenced on 26 September 2025 and introduces significant changes to development and land use within the Noosa Shire Council area. Landowners impacted by Amendment No.2 have until 25 September 2026 to lodge a superseded planning scheme request to preserve previous development rights or seek approval for development under the prior scheme.…

Queensland Environmental Reforms: What Comes Next

Queensland’s latest environmental reforms are now in force, affecting project proponents, resource tenure holders, environmental authority holders, councils, bore owners and landholders. Further changes to the State’s environmental licensing framework are still to come.…

Characterising Uses and Ancillary Uses : Cheat Sheet

Characterising use is not always a straightforward proposition. It requires analysis of the activities and premises in question, in the context of the applicable legislation and planning instruments. In this cheat sheet, we provide guidance about how to undertake that exercise.…

Assessing Need for Development : Cheat sheet

The concept of “need” is a key consideration in Queensland’s development assessment process. Assessing need is not a formulaic exercise but a flexible, context-dependent process. We have a cheat sheet to assist with understanding the concept.…

Currency of Approval: Cheat Sheet

This legal cheat sheet outlines the rules for development approvals under the Planning Act, covering when they become active, their standard expiry periods, what must be done to prevent them from lapsing, and how to apply for an extension.…

Conditions : Cheat Sheet

This cheat sheet offers a brief and practical overview of the law and key principles regarding the powers of development conditions.…

Options for Barking Dogs

What is unreasonable dog barking and what options are available to address a pesky barking dog when encountered? This article examines the growing issue of barking dog complaints. It provides an analysis of what constitutes unreasonable barking from a legal perspective, practical steps for out of court resolution and outlines the legal framework governing noise nuisance dispute between neighbours.…

Temporary Local Planning Instrument template

Is your local council area struggling to provide enough accommodation for its residents? In the interests of the community P&E Law has drawn up a Temporary Local Planning Instrument (TLPI) template that can be adopted by any local government to give IMMEDIATE relief to the housing shortage issue in a local government area. Whilst long term solutions are needed for the housing/rental shortage crisis, the time taken for more housing to be built is lengthy in the current market where there are significant labour and construction material shortages. This TPLI provides various opportunities for immediate housing accommodation. …

The basics of the land acquisition process

What are your rights to object to land resumed for roads, railways and electrical works? What compensation are you entitled for land acquisitions? This article explains the basics of the land acquisition process. …

P & E Law proposed amendment to Noosa Council Local Law No 3 – “Good Neighbourhoods” amendment

Is the short-term letting local law too divisive and can a better balance be achieved by a Good Neighbourhoods local law? As part of our commitment to the local community we drafted a proposed amendment to Noosa Council’s Local Law 3 to promote good behaviour in the community. The council in its 12-month review of the short-term letting local law is now considering a Good Neighbour Policy.…

Minor changes to approvals : Cheat Sheet

This cheat sheet provides a quick overview on the legistion and process for Minor changes to approvals.…

Noosa Short-Term Long-Term Accommodation Information Booklet

There has been much public discussion of the impact of the changes in the 2020 Noosa Planning Scheme on Short-Term and Long-Term Accommodation. In this article we review the history around the changes, the definition of Short-Term and Long-Term Accommodation, existing use rights, some considerations around existing approvals, superseded planning scheme applications and the prospects of obtaining an approval for Short-Term accommodation.…

Appeals filed after the commencement of the Planning Act 2016

On 30 April 2018, Her Honour Judge Kefford DCJ delivered her Judgment in Jakel Pty Ltd & Ors v Brisbane City Council & Anor [2018] QPEC 21. The Issue One of the primary issues in this case was whether the decision making regime under the Sustainable Planning Act 2009 (SPA) or the Planning Act 2016 (PA) applies, in respect of a development application that was: lodged while the SPA was in force; decided after commencement of the PA; and the subject of an appeal filed after commencement of the PA (on 3 July 2016). …

The Blue Dot in Vegetation Mapping

There has been a spike in “blue dot” enquiries on vegetation mapping. Numerous requests have been raised about the “high risk area” trigger map under Nature Conservation Act 1992 (“NCA”) and Nature Conservation (Wildlife Management) Regulation 2006 and interactions with the Property Maps of Assessable Vegetation (PMAV) under the Vegetation Management Act 1999 (“VMA”). Let's clarify the impact on you.…

Validity of Infrastructure Charges Notices

A recent decision of the Planning and Environment Court may have implications for the validity of Infrastructure Charges Notices (ICNs) issued by Council under the Sustainable Planning Act 2009 (SPA), and, to a lesser extent, the Planning Act 2016 (PA). …

Vegetation Management

If the State of Queensland representing the people of Queensland decides to protect the natural vegetation based upon good science, then the current vegetation management regime is ineffective. Governments of different political persuasions take different views in relation to what ought to be protected and how it ought to be protected. A bipartisan approach to vegetation management is needed.…

Airbnb

The debate over holiday versus permanent use of accommodation continues. This post examines how Airbnb is regulated in NSW and the Gold Coast, and how Noosa Council proposes to treat it.…

Roads – A Public Right of Passage

There needs to be an accord between community and government when considering the use of roads. There has been an abject lack of accord in some local government areas recently, and community meetings and open forums can be a positive attempt to advance agreement. An understanding of the common law basis of roads and the statutory variations to the common law may lead to a better appreciation of the need for an accord. That understanding may lead to a clearer consideration of questions like those following: Whose responsibility is it to mow the footpath? Can you plant a tree on the footpath? Can you construct the pathway across the footpath to your property boundary? Can you hold a sporting event on a road? Do you need permission from Council or someone else? …

Verdant Verges – Footpath plantings

The Sunshine Coast Regional Council has recently become embroiled in a turf war over footpath planting. Its response has been to introduce a Permit Application process under the local laws — but this may not be the appropriate approach.…