Gold Coast City Council v Sunland Group Limited & Anor

[2020] QCA 89

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Statutes
2. › Interpretation
3. › Transitional provisions
4. › Preservation of existing approvals
5. › Whether transitional provision restored document to original effect or preserved it in already-qualified state
6. › Planning Act 2016 (Qld), s 286
1. Planning and Environment
2. › Infrastructure charges
3. › Transition from planning scheme policy regime to adopted charges regime
4. › Whether local government required to levy charges under planning scheme policies or under infrastructure charges notice regime
5. › Whether s 880 of Sustainable Planning Act 2009 (Qld) precluded imposition of conditions under planning scheme policies
6. › Sustainable Planning Act 2009 (Qld), s 880
7. › Planning Act 2016 (Qld), s 119
1. Planning and Environment
2. › Development approvals
3. › Preliminary approvals
4. › Construction of conditions
5. › Whether conditions of preliminary approval created present obligation to pay infrastructure contributions or established planning framework for assessment of future development permit applications
6. › Integrated Planning Act 1997 (Qld), s 3.1.5

Quick Take

Infrastructure contributions for development under preliminary approvals originally granted under the IPA must be levied under the infrastructure charges notice regime in s 119 of the Planning Act 2016 (Qld), not under planning scheme policies referenced in the preliminary approval. Section 880 of the SPA switched off the ability to impose conditions under planning scheme policies, and s 286 of the Planning Act preserves the preliminary approval only in its already-qualified state. Conditions in a preliminary approval providing for infrastructure contributions to 'apply' at the development permit stage establish a planning framework but do not themselves create an obligation to pay.