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ARTICLE · 24 MARCH 2018

High Court confirms ongoing effect of development approval conditions

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Development approval conditions attach to the land and have enduring effect, even after development has been completed.

AustraliaReal Estate and Construction
Brent Lillywhite
Brent Lillywhite
Michael Leong
Michael Leong
Samuel Volling
Samuel Volling
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A much-awaited decision of the High Court of Australia has confirmed that development approval conditions attach to land and have enduring effect, even after development has been completed.

On 14 March 2018, the High Court of Australia (High Court) delivered its judgment in the case of Pike v Tighe [2018] HCA 9.

The case concerned an issue which, in recent years, has become highly contentious in Queensland's planning law – namely, the extent to which a development approval's conditions attach to and bind land after the approved development has been completed.

In a much-awaited, unanimous (five judge) decision, the High Court has confirmed the enduring effect of development approval conditions. While the decision does not entirely resolve the issue, it should nonetheless overcome much of the recent uncertainty.

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