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ARTICLE · 11 MAY 2018

Infrastructure charges notices (ICNs) by Council declared invalid

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Local governments should review ICNs to ensure they adequately explain Council's reasoning for imposing the charges.

AustraliaReal Estate and Construction
Amelia Prokuda
Amelia Prokuda
Gerard Timbs
Gerard Timbs
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The Planning and Environment Court (Court) has made declarations that a series of infrastructure charges notices (ICNs) issued by Gold Coast City Council (Council) are invalid on the basis the ICNs and more specifically the accompanying information notices failed to comply with the requirements of the Sustainable Planning Act 2009 (Qld) (SPA). The decision opens the door for recipients of ICNs to challenge the validity of the ICNs if the information notices that accompanied them do not contain adequate reasons.

In the decision of Sunland Group Limited & Sunland Developments No 22 Pty Ltd v Gold Coast City Council [2018] QPEC 22, the Court found:

  1. The Court had jurisdiction to determine the validity of the ICNs the subject of the proceeding, despite the limited grounds for appeal against ICNs

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