Storm Water and Drainage: Your rights
NOT A STORM IN A TEACUP WHEN IT COMES TO PROTECTING YOUR HOME – STORMWATER AND DRAINAGE CONCERNS By Madeleine Harling When it comes to your home, your blood sweat and tears have gone into it, and you’ll protect it at all costs – including from unwanted stormwater and drainage concerns which can cause damage […]
Power of Land and Environment Court of New South Wales to create easements
By Ian Neil and Ben Swain In Alramon Pty Ltd v City of Ryde Council [2022] NSWLEC 108 (Alramon case), the Land and Environment Court of New South Wales recently considered an appeal against the refusal by Council of a development application for a childcare centre, whereby the Applicant sought to rely on access to […]
EXPERT WITNESS OBLIGATIONS TO THE COURT
By Ian Neil and Ben Swain The recent decision of Judge Kefford in Cannon Hill Investments et al v. Brisbane City Council and Rivermakers Wellness & Research Centre [2022] QPEC 16 (“Rivermaker’s case”) provides a salutary warning to those engaged as experts in the P&E jurisdiction but also in the similar Land Court jurisdiction and […]
NSW Land and Environment Court Prosecution Judgment
By Ben Swain Prosecution by the Environment Protection Authority leads to company and its director being fined, ordered to pay costs & publish notice in Quarry Magazine, Sydney Morning Herald, Daily Telegraph, Coffs Coast News of the Area and Northern Rivers Times. In Environment Protection Authority v Crush and Haul Pty Ltd; Environment Protection Authority […]
Land resumption: know your objection and compensation rights.
By Ian Neil Receiving notice that your property is intended to be resumed by the Government (Federal, State or local) to allow a development or public infrastructure to proceed can be stressful, particularly if the property being resumed is a long-held family home or a business that has relied on location as part of its […]
Five Day Extension to Settlement Now Possible in Queensland
By John Warlow On 20 January 2022 the REIQ released new versions of its contracts for the sale of houses and apartments in Queensland. The new contracts contain a number of amendments. But most importantly they contain a new Clause 6.2 which gives either party the ability to unilaterally extend the Settlement Date for up […]
Demolition Approval, Statutory Conditions & Extension of time for Commencement
In the recent (14.9.21) Planning and Environment Court decision of Karam Boutique Residential 8 Pty Ltd v Redland City Council [2021] QPEC 47, the Court was asked to grant an extension of the statutory (Building Act 1975) requirement that demolition works be ‘substantially commenced’ within 2 months from issue of a Demolition Approval issued under […]
Legislative changes to planning laws in response to COVID-19
by Jane Dillon Legislative amendments to planning laws have been recommended to Queensland Parliament as part of its COVID-19 response. The Legislative Assembly has recommended further temporary extensions to various legislative measures including changes to accessing public documents; changes to permitted hours of operation for some commercial uses; and permission for licensed venues to sell […]
Environmental nuisance and your rights
More than 150mm of rain fell on Brisbane in the month of February followed by more than 300mm in March. While wet conditions are not unusual for South East Queensland, the volume and constancy of rain can create aggravation for home owners suffering from storm water issues, overland flooding and nuisance run off water problems […]
PLANNING LAW COMPLETES FULL CIRCLE IN JUST TWO YEARS
PLANNING LAW COMPLETES FULL CIRCLE IN JUST TWO YEARS It has to be acknowledged that all professionals in the Planning Law jurisdiction earn their money, particularly when one considers the 360-degree rotation of the Planning Law regime in just two years. In the 2018 seminal decision of Bell v Brisbane City Council, the Queensland Court […]
