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LKM July to December 2009

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LKM July to December 2009 Welcome to Colin Biggers & Paisley Colin Biggers & Paisley was founded over a century ago and today has offices in Brisbane, Sydney and Melbourne. We provide a personalised service for our clients with our partners taking a hands-on approach to every project. We have both the capacity and the expertise to deliver on complex regional, national and international projects in the following areas of practice: . Commercial and corporate and dispute resolution . Construction and engineering . Insurance . Property and development Construction & Engineering Group Colin Biggers & Paisley has one of the largest specialist construction and engineering practices in Australia with over 35 partners, special counsels and senior associates. Our Construction & Engineering group has the following specialist expertise: . Construction disputes . Major projects and infrastructure . Commercial and residential projects Planning Government Infrastructure & Environment Team Our Planning Government Infrastructure & Environment team are the trusted partners of public and private sector entities. We are the legal and policy designers of strategic and tactical solutions to complex problems in the fields of planning, government, infrastructure and environment. Our team has a deep understanding of what is required to deliver a complex project and has more than 50 years experience in designing innovative outcomes for development and infrastructure projects, including new cities, towns and communities. We provide the following specialist expertise: Planning Strategic and tactical planning in development issues and processes in major residential communities, commercial and industrial projects. Government In-depth understanding in government legislation, policy and processes. Infrastructure Specialist expertise and experience in infrastructure planning, funding and delivery. Environment Legal excellence in all areas of environmental law. Contents INDEX .................................................................................................................................. iii TABLE OF LEGISLATION .................................................................................................... v TABLE OF CASES .............................................................................................................. vi Limits of local government body's power to acquire land by compulsory process 1 Planning (Urban Encroachment Milton Brewery) Act 2009 3 Change to development conditions set by court order 5 Consolidation of parallel appeals 7 Putting the SEQ Regional Plan into perspective – The legal perspective 8 Navigating the haze: Construing the assessment provisions of the Integrated Planning Act 1997 16 Interest on debt under judgment or order 18 Deciding on the conflict: A question of fact 19 Directions for dispute resolution regarding conditions attached to a development approval 20 Complexities with the removal and transportation of sand tailings 21 Reliance on council's records: A risk for developers 23 Appeal dismissed: Contrary to planning scheme 24 Submitter appeals – When can a submitter appeal in relation to code assessable aspects of a development application? 26 The time to act is now 28 Strategic steps or frivolous and vexatious proceedings? 30 Finding the meaning in IPA: Interpreting the words of the legislature 32 Residential subdivision did not cut across new planning scheme 34 Court exercises discretionary power to validate planning scheme 36 Application for leave to appeal: Law vs Fact 38 Owner's consent: A common sense approach 40 When public notification goes wrong in more ways than one 41 Application for transfer of appeal from Bundaberg to Brisbane 43 Determining the scope for protection of native vegetation 44 Application to remove statutory stay 46 Whether conditions imposed on a development application are relevant or reasonable 47 It's not "made" unless it's "properly made" 49 Partial approval of application 51 Stepping up koala conservation in South East Queensland at the expense of property holders 53 Injurious affection: Effect of a new planning scheme on market values of land 58 Building and Other Legislation Amendment Act 2009 62 Misdescription not fatal to development application 64 Application to remove statutory stay 66 Requirements in serving a notice of appeal 67 LEGAL KNOWLEDGE MATTERS JULY 2009 TO JUNE 2010 | i Contents (cont'd) Court exercises discretion to return development application to public notification 68 Fibre deployment for new developments 69 Can the currency period of a lapsed development approval be extended? 70 Where renovations affect traditional pre-1946 building character 72 Minor change – substantially different development 73 Owner's consent not required with benefit of easement 74 Protecting land for public recreation. The introduction of the draft Queensland Greenspace Strategy 75 British Election: Are there any lessons for Australia? 77 Proposed subordinate legislation to give effect to fibre deployment 80 Building and Other Legislation Amendment Bill 2010 82 Queensland government's growth management agenda 84 Excusal of non-compliance with mandatory parts and determining "minor changes" 86 Serving 888 principal submitters 87 Costs arising from a failure to comply with court procedure 88 Was the development permit valid and sufficient? 89 Relief for non-compliance with mandatory requirements 91 Exercise of relief to remedy a development application made under section 3.1.6 of IPA 92 Declaration about what is permitted under development approval 94 Payment of council headworks 95 ii | PLANNING GOVERNMENT INFRASTRUCTURE & ENVIRONMENT Index Acceptable solutions .............................................................................................................................................. 72 Access and mobility ............................................................................................................................................... 38 Affected area notation .............................................................................................................................................. 3 Air emissions, noise and light pollution .................................................................................................................... 3 Amenity .......................................................................................................................................... 47, 77, 82, 83, 94 Approval .......................................................................................................................................................... 20, 43 Assessable development ..........................................................................................................44, 46, 56, 64, 65, 89 Assessment level ............................................................................................................................................. 36, 37 Australia's coastal zone ......................................................................................................................................... 28 Award costs ........................................................................................................................................................... 30 Ban the banners .................................................................................................................................. 62, 63, 82, 83 Biodiversity ...................................................................................................................................................... 28, 29 Body corporate by-laws ............................................................................................................................. 62, 63, 82 Brisbane City Plan 2000 .............................................................................................................................. 5, 47, 72 British parliamentary system .................................................................................................................................. 77 British planning system .......................................................................................................................................... 77 Building character .................................................................................................................................................. 72 Building covenants........................................................................................................................................... 63, 82 Building restrictions ................................................................................................................................................ 82 Certificate of assessment ...................................................................................................................................... 18 Changing an application ........................................................................................................................................ 33 Claim for compensation ......................................................................................................................................... 58 Climate change ................................................................................................................................................ 28, 29 Coastal communities ......................................................................................................................................
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