Rockhampton | Yeppoon | Brisbane 1800 329 448

Planning & Environment Lawyers

Development applications, appeals and compliance under the Planning Act 2016 — with the local knowledge that regional Queensland development actually requires.

1961
Established
3
Queensland offices
15
Lawyers in-house
4.9★
Over 400 Google Reviews

How we help

Planning outcomes across regional Queensland are shaped as much by local scheme provisions, flood mapping and infrastructure charges as by the Act itself. We act for applicants, landowners, submitters and businesses through assessment and, where necessary, on appeal.

  • Development applications and approvals
  • Planning and Environment Court appeals
  • Development Tribunal appeals
  • Infrastructure charges notices
  • Making and defending submissions
  • Enforcement notices and proceedings
  • Environmental authorities and compliance
  • Vegetation management and resource tenures

Code assessment and impact assessment

The most consequential thing about a development application is whether it is code assessable or impact assessable, because impact assessment triggers public notification — and public notification creates third-party appeal rights.

The distinction determines the assessment benchmark and who can later appeal.
 Code assessableImpact assessable
Assessed againstThe applicable codesThe whole planning scheme and other relevant matters
Public notificationNot requiredRequired
Third-party submissionsNoYes
Submitter appeal rightsNoneAvailable to properly made submitters
RefusalOnly on the basis of the codesBroader discretion available
Applicant appeal rightsAvailable against refusal or conditions
Planning a development? Advice before lodgement is far cheaper than an appeal after refusal.
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The development assessment process

The process is set by the Development Assessment Rules under the Planning Act 2016 (Qld), which run to fixed stages and timeframes.

The application is lodged with the assessment manager, usually the local government, which confirms whether it is properly made and issues a confirmation notice setting out the assessment pathway and any referral agencies.

The assessment manager may issue one information request within the period allowed. How you respond shapes the rest of the application — and the clock does not run while you are preparing that response, which is worth using deliberately rather than accidentally.

Where triggered, referral agencies assess aspects within their jurisdiction and can impose conditions the assessment manager must apply. State agencies dealing with transport, environment or resources are the common ones.

The application is notified and any person may make a submission. A properly made submission preserves that person's right to appeal, which is why the requirements — in writing, signed, with the submitter's name and address, made within the period — are worth getting exactly right.

The assessment manager approves, approves with conditions, or refuses, and issues a decision notice. An applicant unhappy with conditions can make change representations, which may produce a negotiated decision notice — and that notice restarts the appeal period.

Conditions are usually the real fight

Most appeals are not about outright refusal. They are about infrastructure charges, access requirements, staging, or a condition that makes the project uneconomic.

Conditions are not unlimited. Under the Planning Act a condition must be relevant to, but not an unreasonable imposition on, the development, or be reasonably required in relation to it, and must be relevant to the assessment. A condition that fails that test is appellable — and infrastructure charges notices have their own appeal route, separate from the development approval itself.

Appeals

20 business days — strictly enforced

A Notice of Appeal must be filed in the Planning and Environment Court within 20 business days of the decision notice being given. Where a negotiated decision notice has issued, the period runs from that notice instead.

Submitters have the same 20 business day period. A person wishing to join an appeal already started generally has 10 business days from being given the Notice of Appeal to elect to become a co-respondent. Some enforcement notices carry as little as 5 business days.

A Planning and Environment Court appeal is a merits review: the Court stands in the shoes of the assessment manager and assesses the application afresh, rather than reviewing the council's reasoning for legal error. That is a meaningful advantage, because you are not confined to showing the decision-maker got the law wrong.

The applicant carries the onus of establishing that the appeal should be upheld, regardless of who started it. Building and plumbing decisions, and certain other matters, go instead to a Development Tribunal, whose decisions can themselves be appealed to the Court.

The Court's costs rule is unusual

In the Planning and Environment Court, each party generally bears its own costs, whatever the outcome. Costs orders are the exception rather than the rule, and are reserved for defined circumstances such as a frivolous or vexatious proceeding.

That changes the calculus considerably compared with ordinary civil litigation: a submitter appeal cannot usually be deterred by costs risk, and an applicant who wins does not usually recover its spend.

Enforcement and compliance

Development carried out without a necessary approval, or in breach of conditions, exposes you to enforcement notices and to proceedings in the Planning and Environment Court. Under the Planning Act, enforcement orders can be sought not only by the local government but by any person — a genuinely broad standing provision that neighbours and interest groups do use.

Shorter appeal periods apply to some enforcement notices. A notice about a dangerous building or structure, or a dangerous or incorrectly discharging plumbing or drainage system, generally carries only 5 business days. If you receive an enforcement notice, check the period stated on it immediately.

What it costs

Written costs agreement before we start, with fixed fees for defined work and stage estimates for appeals. Planning matters usually involve town planners and other experts as well as lawyers, and we will be clear about the whole cost of the exercise, not just our part of it.

  • Fixed fees for advice and submissions
  • Stage estimates for appeals
  • Coordination with your town planner
  • Expert and court fees at cost
  • Early view on prospects
  • Candid advice on commercial viability

Frequently asked questions

A Notice of Appeal must be filed in the Planning and Environment Court within 20 business days of the decision notice being given. Where a negotiated decision notice has been issued, the period runs from that notice. The time limit is strictly enforced.

You can make a submission if the application is impact assessable, which triggers a public notification period. Only a person who made a properly made submission during that period has the right to appeal a decision to approve the development, so meeting the submission requirements exactly is important.

Code assessable development is assessed against the applicable codes and does not require public notification, so there are no third-party submissions or submitter appeal rights. Impact assessable development is assessed against the whole planning scheme and other relevant matters, requires public notification, and gives properly made submitters the right to appeal.

Yes. An appeal is a merits review, meaning the Court assesses the application afresh and stands in the shoes of the assessment manager rather than reviewing the decision for legal error. The applicant carries the onus of establishing the appeal should be upheld, regardless of which party started it.

Yes. An applicant may appeal against a matter stated in the decision, including any condition imposed on an approval. In practice this is the most common form of appeal, since conditions relating to infrastructure charges, access or staging often determine whether a project remains viable. Infrastructure charges notices also have their own separate appeal route.

Usually not. In the Planning and Environment Court each party generally bears its own costs regardless of outcome, with costs orders reserved for defined circumstances such as frivolous or vexatious proceedings. That differs markedly from ordinary civil litigation and affects how appeals are approached by both applicants and submitters.

You may be issued with an enforcement notice, and enforcement order proceedings can be started in the Planning and Environment Court. Under the Planning Act those proceedings may be brought by any person, not only the local government. Shorter appeal periods apply to some notices, including as little as 5 business days for a notice about a dangerous building or structure.

No. A condition must be relevant to and reasonably required in relation to the development, or otherwise reasonably required, and must be relevant to the assessment. A condition failing that test can be challenged on appeal, which is why conditions rather than refusals are the most common subject of planning appeals.

More information

We can assist you in all matters relating to land use, infrastructure agreements, Local Government and State Government requirements, development/planning approvals, environmental regulation and enforcement and planning and environment appeals and litigation including environmental and development offences and land valuation appeals.

Planning and environment lawyers Rockhampton

Planning and Environment laws and other Government legislation can have a significant impact on the use of your land and business.

Our Rockhampton lawyers have extensive experience advising clients in relation to all aspects of land use. We can advise you how the laws and regulations impact your everyday land use, a subdivision of your property and/or sale of your property. Planning and Environment laws are also relevant where a Local or State Government seeks to resume part or all of your property.

We are a regional Queensland firm that practises in this area and our senior lawyers who practice in this area of law have extensive experience in relation to the areas mentioned above.

We can assist with:

  • Advice on Land Use
  • Subdivision of your Property
  • Sale of your Property
  • Local or State Government Acquisition including
    • Easements for a Road Widening Projects or other Public Use;
    • Electricity/Power Line acquisition or other Public Use;
    • State Development Area acquisitions
  • Compensation disputes and negotiations;
  • Planning and development appeals and litigation;
  • Environment regulation, appeals, enforcement action and litigation;
  • Contaminated land issues;
  • Development offences;
  • Valuation Appeals and other Land Court Litigation.

We can also assist with:

Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.


Who you'll deal with

Meet the team.

Your matter is handled by a named lawyer from start to finish — you'll always know who to call.

Clarrisa Moore, Director

Clarrisa Moore

Director

Property & Conveyancing · Business & Commercial · Planning & Environment · Agribusiness

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