P&E Law Cheat Sheets
Minor changes to approvals cheat sheet – please download here Currency of development approval cheat sheet– please download here Conditions cheat sheet – please download here
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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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of Short-Term and Long-Term Accommodation, existing use rights, some considerations around existing approvals, superseded planning scheme applications and the prospects of…
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…
The Blue Dot
Protected Plants Flora Survey Trigger Map 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…
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). On 4 May 2018, Her Honour Judge Kefford DCJ published her decision in Sunland Group…
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…
Airbnb
The debate is ongoing in relation to holiday and permanent use of accommodation. In New South Wales the state government and councils have vacillated from trying to regulate Airbnb accommodation to not regulating it. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allow premises to be used as bed and breakfast without Council…
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…
Verdant Verges
The Sunshine Coast Regional Council has recently become embroiled in a turf war over footpath planting. Its response is to provide a Permit Application process under the local laws. This may not be the right process. Development is defined in the Planning Act 2016 and includes “operational work” which is: operational work means work, other…
Local Law Signs
The use of signs by local government is an appropriate mechanism to inform people of appropriate conduct in accordance with the Council’s local laws. The model local laws applied in Queensland require local governments to take reasonable steps to provide notice to members of the public and variously defines “reasonable steps”. By way of example:…
A Load of Rubbish
1 July 2018 is the cut-off date for local governments to introduce local laws to replace the State government waste management laws that will expire on that date.1 Time is running out for local governments to meet all of the obligations of the local law making process prior to the cut-off date.2 The state government…