LEGAL MATTERS

Mediation and Tribunals

Under the Sustainable Planning Act; The Building and Development Tribunal has a greater role in hearing town planning matters. Tribunal matters related to town planning generally involve siting variations, amenity considerations and infrastructure plan charges.A selection of Building and Development Tribunal matters where The Planning Place has been engaged include:

  1. Extensions to a House on a Canal – 53 Ferrymans Court, Helensvale
  2. House Extension Variations to QDC requirements – 4 Tweed Street, Ashgrove

You will benefit from our ability to negotiate and seek to resolve matters before the Tribunal. We are also able to effectively evaluate your matter and determine if an appeal to the Tribunal would be appropriate. 

Negotiations

Important project cost saving can occur during the negotiation period following development approval without expensive legal costs. The Planning Place can assist you by thoroughly checking all conditions of approval for their appropriateness and if necessary negotiate with Council to have those conditions removed or amended.Our negotiation skills can save you tens of thousands of dollars thereby ensuring your development project remains a success. A selection of matters where we successfully obtain negotiated decision notices include:

  • Wrongly applied headwork contribution/infrastructure charges to subdivisions and commercial development.
  • Inappropriate and unnecessary external road upgrades to subdivisions.
  • Inappropriate conditions to various approvals issued by different Councils.
  • Negotiations with downstream owners for stormwater discharge agreements, easement registration and access arrangements for infrastructure connections.

Show Cause Notice & Enforcement Orders

Occasionally a person commences a use or undertakes development works not approved and therefore commits a development offence. If you have received a Show Cause Notice or an Enforcement Notice advising to cease the use/work and seek possible development approval please forward any notice as an attachment to mail@theplanningplace.com.au or fax to 3857 7844.The Planning Place is able to assist you with either representations on your behalf to Council or obtaining the development approval in regard to the alleged development offence. If you require us to obtain a development approval, please contact us immediately as there are timeframes and possible fines if you do not act upon the Notice you have received.A selection of matters that we have consulted due to Show Cause/Enforcement Notices include:

  • Alleged unlawful building works (extensions to a house on a small lot) – Gladstone Road, Highgate Hill, (extensions to a restaurant) –Flinders Parade, Sandgate.
  • Alleged unlawful building works (house extensions in a Demolition Control Precinct) – Ozanne Street & Beck Street, Paddington.
  • Alleged unlawful building works (house exceeding 8.5m in height) – Legal Street, Sunnybank and Peach Street, Greenslopes.
  • Alleged unlawful building works (extensions to Multi-unit dwellings) – Gertrude Street, Highgate Hill.
  • Possible material change of use Nightclub – Brisbane Street, Ipswich, Vehicle Hire Centre – Navigator Place, Hendra, Shops in former meat factory – Oxley Street, Acacia Ridge, Home Business – Gympie Road, Carseldine.

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Take the first step to getting your plan approved

Ian Adams
Principal Planner

Bachelor of Urban and Regional Planning Graduate Diploma of Management

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