South East Queensland is the fastest growing region in Australia.  An understanding of issues associated with the development of residential subdivisions is therefore not only of interest generally, but of critical importance to those involved in the development of residential subdivisions (if the forecast growth for the region is ultimately to be accommodated).

I have been asked to give an overview of the Court of Appeal’s decision in Charles and Howard Pty Ltd v Redland Shire Council [2007] QCA 200 and comment on some issues associated with the making of development applications for residential subdivisions.

While this paper briefly discusses the Court of Appeal’s decision in Charles and Howard Pty Ltd v Redland Shire Council [2007] QCA 200, a decision which concerned the development of a single residence on land overlooking Moreton Bay, the focus of the paper is on the general principles of planning law that arose in that case concerning the extent to which both Councils and the Planning and Environment Court (in its appellate jurisdiction) may rely on new and draft laws and policies.  The paper will also make some observations with respect to the process of obtaining “re-zoning” and “subdivisional” approval for residential subdivisions and the ability for an applicant to challenge conditions placed on a development approval.

James Ireland

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