Practice area 05
Planning and Environment
Practical, specialised advice for developers, local governments, state entities and other parties in the development industry — with a heavy focus on avoiding costly and protracted proceedings.
At Broadley Rees Hogan, our Planning and Environment team provides practical and specialised legal services for developers, local governments, state entities and other parties involved in the development industry. With a heavy focus on avoiding costly and protracted legal proceedings wherever possible, our team is highly skilled in the dispute resolution process and in negotiating outcomes.
Planning and Environment Court
We specialise in appeals to the Planning and Environment Court on behalf of developers, local governments and third parties, including appeals against local government and referral agency refusal of development applications (including of pre-1946 and pre-1911 demolitions), conditions of development approvals, and submitter appeals. We also specialise in originating proceedings in the Planning and Environment Court seeking declarations and orders in respect of non-compliances and other disputes, including permissible changes to existing court-ordered development approvals and revival of lapsed development approvals.
We are experienced in all aspects of proceedings in the Planning and Environment Court, including negotiations and mediations, briefing experts and counsel, and court appearances generally.
We have extensive experience providing advice on all town planning and environment issues, including under repealed legislation such as the Local Government Act 1936, the Local Government (Planning and Environment) Act 1990, the Integrated Planning Act 1997 and the Sustainable Planning Act 2009 — on matters such as historical land use rights, rights and entitlements, historical development approvals, and lapsing of development approvals generally. Our experience includes all aspects of local government advice, including matters arising under the Local Government Act 2009 and local laws, and other legislation such as the Vegetation Management Act 1999, the Building Act 1975, the Plumbing and Drainage Act 2002 and the Environmental Protection Act 1994. We specialise in providing advice on local government planning schemes, regional plans and other planning instruments.
Development applications
With dual town planning and legal qualifications, our specialist team is experienced in all aspects of development applications, including advice on levels of assessment, compliance with the Sustainable Planning Act 2009 and other applicable legislation, transitional requirements, public notification and submissions, referral agencies and referral triggers, compliance with applicable codes and other planning instruments, IDAS, development approval conditions, requests for negotiated decision notices, and compliance with local government planning schemes generally. We also assist with representations in support of negotiated decision notices and with lapsing of development applications and approvals.
Enforcement matters
We specialise in enforcement proceedings and advice about development offences and offences under the Sustainable Planning Act 2009 and other legislation including the Building Act 1975, Public Health Act 2005, Plumbing and Drainage Act 2002, Environmental Protection Act 1994 and local laws. Our experience includes responses to show cause notices, compliance notices, appeals against enforcement notices, Magistrates Court prosecutions on behalf of local government authorities and other parties, penalty infringement notices, and enforcement proceedings generally in the Planning and Environment Court.
Land acquisition and infrastructure
Our extensive experience includes advice on acquisitions and resumption of land under the Acquisition of Land Act 1967, compensation claims and Land Court proceedings generally. We are experienced in all aspects of infrastructure, including drafting and negotiating infrastructure agreements, advising on infrastructure credits and offsets, adopted charges, trunk infrastructure, local government infrastructure plans, levied charges generally, and appeals against infrastructure charges notices.
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ExplorePlanning questions
Approvals, appeals and enforcement in Queensland.
General information only, current at the time of writing — not legal advice. Every matter turns on its own facts, so please talk to us before acting on anything here.
Can I appeal a council refusal?
Yes. An applicant can appeal a refusal, or conditions of an approval, to the Planning and Environment Court. Submitters can appeal certain decisions on impact assessable applications. Many appeals resolve through the court's negotiation and mediation processes without a hearing.
How long do I have to appeal?
Appeal periods under the Planning Act 2016 are short — commonly 20 business days from the decision notice for an applicant appeal, with different periods for other appeal rights. They are not generous and they are not easily extended, so the decision to appeal has to be made quickly.
What is the difference between code and impact assessable development?
Code assessable development is assessed only against the applicable codes and cannot be publicly notified or attract submitter appeal rights. Impact assessable development is assessed against the whole planning scheme, must be publicly notified, and properly made submissions give submitters standing to appeal. Which category applies is often the most consequential question in an application.
What are infrastructure charges, and can they be challenged?
Charges levied by a local government toward trunk infrastructure, issued as an infrastructure charges notice with a development approval. They can be appealed on limited grounds, and there are separate mechanisms for claiming offsets and refunds where a developer provides trunk infrastructure itself. The appeal period is short.
I have received a show cause or enforcement notice. What should I do?
Respond within the time stated, and get advice first. A considered response to a show cause notice frequently resolves the matter without an enforcement notice being issued. Ignoring one can lead to enforcement proceedings in the Planning and Environment Court or prosecution in the Magistrates Court, and any notice issued generally binds a later owner of the land.
Do development approvals expire?
Yes. Approvals have a currency period, and they lapse if development does not substantially start within it. Extensions can be applied for, and lapsed approvals can sometimes be revived, but both are easier to deal with before the date passes than after.
What is a material change of use?
A material change of use is the start of a new use of premises, the re-establishment of a use that has been abandoned, or a material increase in the intensity or scale of an existing use. Whether what you propose amounts to one — and whether existing use rights protect it — is often where a planning dispute begins.
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