Regional Land Development Corp No 1 P/L v Banana SC & Ors

(2009) 175 LGERA 115; [2009] QCA 140

Queensland Court of Appeal

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Interrogate

Catchwords

1. Environment and Planning
2. › Courts and tribunals with environment jurisdiction
3. › Queensland
4. › Appeals from Planning and Environment Court
5. › Error or mistake in law
6. › Whether challenges to assessment of significance of conflict with planning scheme raised questions of law or fact
7. › Integrated Planning Act 1997 (Qld), ss 3.5.14, 4.1.56
1. Appeal
2. › Leave to appeal
3. › Requirement to identify error of law
4. › Whether desultory and unfocused assertions sufficient to identify error of law
5. › Whether party may raise on appeal a case contrary to that conducted below
6. › Integrated Planning Act 1997 (Qld), s 4.1.56

Quick Take

Challenges to a Planning and Environment Court's assessment of the significance of conflict between a proposed development and a planning scheme, particularly where informed by competing expert evidence, are questions of fact and not errors of law for the purposes of s 4.1.56 of the Integrated Planning Act 1997 (Qld). A party cannot expect leave to appeal on a ground contrary to the case conducted below, save in the most extraordinary circumstances.