The law behind the headlines – rebuilding Queensland

There will be a prolonged and costly rebuilding period for the many areas of Queensland affected by the flood and cyclone events of recent months. Questions may arise about what one is entitled to rebuild and what changes can be made to the form of previous use. The intention of this paper is to identify some significant aspects of planning law that are relevant to the process of rebuilding – to give you the law behind the headlines. We have endeavoured to provide examples of how the law is treated in the courts to illustrate the aspects of planning law outlined.

There will be instances where entire buildings and structures have been destroyed or will be demolished as the building is no longer viable for continued use due to contamination or water damage. Some owners may take advantage of the need to rebuild or repair buildings to change how they were previously built or operated. This paper gives some examples of the tolerances given by the Court to these types of