The Queensland Court of Appeal (Williams JA and Muir J, Atkinson J dissenting) held that the Planning and Environment Court's failure to impose a condition limiting production at a concrete batching plant did not amount to an error of law, where extensive other conditions had been imposed and production levels would vary depending on market demand. The case confirms that the absence of a particular condition sought by an objector does not constitute legal error where the court has otherwise exercised its discretion reasonably in imposing conditions addressing amenity and environmental concerns.
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