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ARTICLE · 11 DECEMBER 2013

Impact of council de-amalgamation on development applications and legal proceedings - Practical advice

Corrs Chambers Westgarth
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Two key issues for local councils are the impact of de-amalgamation on development applications and legal proceedings.

AustraliaGovernment, Public Sector
Samuel Volling
Samuel Volling
Carolyn Taylor
Carolyn Taylor
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The de-amalgamation process will invariably present some practical challenges for councils. Two key issues are the impact of de-amalgamation on development applications and legal proceedings.

HOW WILL DE-AMALGAMATION AFFECT DEVELOPMENT APPLICATIONS?

The Local Government and Other Legislation Amendment Act 2013 (Qld) contains a series of amendments to the Sustainable Planning Act 2009 (Qld) (SPA) to transition development applications affected by de-amalgamation.

If a development application is made, but not decided, before the 1 January 2014 (Changeover Date) de-amalgamation date, which Council – the continuing regional council (Continuing Council), or the new shire Council (New Council) – will be the decision-maker for the application?

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