Tighe & Anor v Pike & Ors

[2016] QCA 353

Queensland Court of Appeal

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Interrogate

Catchwords

1. Environment and Planning
2. › Development control
3. › Conditions of development approval
4. › Reconfiguration of lot
5. › Condition requiring creation of easement
6. › Whether condition continues to bind successors in title after reconfiguration completed
7. › Whether development offence committed by subsequent purchaser
8. › Sustainable Planning Act 2009 (Qld), ss 243, 244, 245, 578, 580, 601, 604, 605
1. Environment and Planning
2. › Development control
3. › Enforcement orders
4. › Development offence
5. › Whether enforcement order may be made against person who did not commit the offence
6. › Sustainable Planning Act 2009 (Qld), ss 601, 604, 605
1. Real Property
2. › Torrens title
3. › Indefeasibility of title
4. › Exceptions to indefeasibility
5. › Omitted or misdescribed easement
6. › Whether question of indefeasibility arose
7. › Land Title Act 1994 (Qld), ss 184, 185

Quick Take

A condition of a development approval for reconfiguration of a lot that requires creation of an easement simultaneously with registration of the survey plan does not impose a continuing freestanding obligation on subsequent purchasers of the subdivided lots after the reconfiguration has been completed. Section 245 of the Sustainable Planning Act 2009 (Qld), which attaches a development approval to the land and binds successors in title, does not change the meaning of such a condition. Subsequent purchasers who were not parties to the reconfiguration cannot commit a development offence under s 580(1) for failing to comply with such a condition.