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ARTICLE · 15 MAY 2015

5/15 Phillips v Wareham & Ors [2015] QPEC 5

This was concerned with an application for enforcement orders to remedy the alleged commission of a development offence.

AustraliaReal Estate and Construction

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(RS Jones DCJ - 25 February 2015)
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Enforcement proceedings – where applicant alleged numerous development offences under the Sustainable Planning Act 2009 (SPA) – where applicant owned and occupied premises adjoining site where alleged offences occurred – where applicant bore the onus of proof – where insufficient evidence to ground any of alleged breaches.

Facts: This proceeding was concerned with an application for enforcement orders pursuant to s61 of the SPA to remedy the alleged commission of a development offence relating to the upgrading of two tennis courts adjacent to the Appellant's property at Mapleton.

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