The very recent decision of Stockland Developments Pty Ltd v Gold Coast City Council & Anor1 considers the imposition of infrastructure contributions under planning scheme policies not in force at the time when a development application is made. The following is a brief analysis of the law regarding an assessment manager's ability to impose such conditions. 

The Integrated Planning Act 1997 (IPA)2 authorises the making of planning scheme policies which require or allow the imposition of contributions for infrastructure. The scope of a local council's power to impose a condition on development approvals requiring payment of infrastructure contributions is governed by the IPA3.

David Nicholls, Partner
Olivia Williamson, Solicitor

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