There have been a number of recent changes to the rules and procedures relating to the Planning & Environment Court.

A new set of rules, the Planning and Environment Court Rules 2008 along with Planning and Environment Court Practice Direction No. 2 of 2008, commenced in December 2008.  The new rules replace the old Planning and Environment Court Rules 1999, and the new Practice Direction replaces the Practice No.1 of 2006.  The new P&E Court Practice Direction No. 2 of 2008 also commenced in December 2008.  It replaces the P&E Court Practice Direction No. 1 of 2006.

The Environmental Protection and Biodiversity Conservation Act 1999 aims to promote the sustainability of Australia’s economic development to enhance individual and community well-being while protecting biological diversity and maintaining essential ecological processes and systems.

It is the federal government’s primary piece of environmental and heritage legislation.

Total Ice Pty Ltd v Maroochy Shire Council & Ors; S&L Developments Pty Ltd & Ors v Maroochy Shire Council & Ors; Bukmanis & Anor v Maroochy Shire Council [2008] QCA 295

On 5 May 2004 the Bukmanis’, lodged with the Maroochy SC a development application for a Material Change of Use for a shopping centre and multi dwelling units. Their application included a request that the proposal be assessed against the provisions of the 31 May 2000 version of the Maroochy Plan 2000. The application was made within 2 years of the commencement of the 7 May 2002 amendments to the Maroochy Plan, but more than 2 years after the amendments were adopted by Council on 25 April 2002.

Parmac Property Pty Ltd v Redland Shire Council & Anor [2008] QPEC 120

This case was essentially a “battle” between shopping centre operators in which the Applicant (Parmac) attempted to obtain the standing of a submitter who had made submission regarding a development application made by the second Respondent, Kosmos Health.  Kosmos’ current application was for a new use, a health care centre, in a proposed new building which formed part of an expansion to some existing shops near the corner of Donald Road and Collins Street, Redland. Parmac had largely constructed a larger shopping centre approximately 1km away and had failed to notice advertisements during the public notification stage.

Mun Wha Education (Mason College Australia) Pty Ltd v Gold Coast City Council & Anor [2008] QPEC 63

This case considers who may be an applicant for a development application in circumstances where there has been a change of ownership of the subject land at a time when appeal rights arising out of a development application had not been exercised or otherwise determined.

In this application the Appellant (Mason College) was seeking an order for an extension of time within which to commence an appeal against the Gold Coast City Council’s decision to refuse a development application lodged by Fedwood Pty Ltd for the redevelopment of part of the Parkwood International Golf Course.