Developers beware! Planning and environment court takes strict view of building work approval consent requirements

A recent decision of the Queensland Planning and Environment Court provides a warning to developers about the need to obtain consent from easement and covenant holders for some building development approvals.

In some circumstances, Queensland's planning law requires developers to obtain third party consents to proposed development.

For example, most developers will be aware of the requirement in section 51 of the Planning Act 2016 (Qld) (Planning Act) to obtain land owner's consent prior to making a development application for a material change of use or reconfiguring a lot.

Less widely known however, is the separate requirement in section 65 of the Building Act 1975 (Qld) (Building Act) which applies (with limited exceptions) to any development application for building work, if the land is subject to a statutory covenant held by the State or a local government, or an easement. If this applies, the assessment manager for the application 'must not approve' it