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ARTICLE · 03 JUNE 2010

Does Private Wastewater Infrastructure Within a Roadway Trigger the Requirement to Obtain a State Resource Entitlement?

DLA Piper Australia
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In the recent Queensland Planning and Environment Court decision of Canaipa Developments Pty Ltd v Redland City Council & Ors [2010] QP EC 034, the Court found that a failure to include evidence of a State resource entitlement for private wastewater infrastructure in a public roadway meant that a development application was not properly made.

AustraliaReal Estate and Construction
Michael Marshall
Michael Marshall
Mitchel Batty
Mitchel Batty

In the recent Queensland Planning and Environment Court decision of Canaipa Developments Pty Ltd v Redland City Council & Ors [2010] QP EC 034, the Court found that a failure to include evidence of a State resource entitlement for private wastewater infrastructure in a public roadway meant that a development application was not properly made.

Facts

The applicant sought development permits for the development of a mixed-use tourist facility over two non-adjacent sites separated by approximately 1.5 kilometres of public road.

The development application proposed that a sewage treatment plant be located at site 'A'. Sewage was intended to be pumped from site 'B' to site 'A' for treatment and returned to site 'B' as A+ class water. The returned A+ class water was intended to be used as irrigation for the golf course proposed for site 'B'. This proposal envisaged pipelines located under the local road connecting the two sites.

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