Olivia Williamson, Associate
In our recent alert entitled
More problems with resource allocations - Interfering with
overland flow water, we suggested reform in the nature
of a pro forma resource allocation, which could be appended
in cases where development applications may potentially take or
interfere with overland flow water.
Such reform seemed necessary in light of the cases of Vidler
v Fraser Coast Regional Council & Anor [2011] QPEC 18 and
BGM Projects Pty Ltd v Fraser Coast Regional Council
(unreported Maroochydore matter 98/11) and because of the potential
for many development applications for Material Change of Use or
Reconfiguration of a Lot to involve secondary applications for
building work or operational work that, in turn, will result in
some degree of interference with overland flow water.
