Walter Elliott Holdings Pty Ltd v Fraser Coast
Regional Council [2015] QPEC 8 (Walter Elliott Holdings No
1) and Fraser Coast Regional Council v Walter Elliott
Holdings Pty Ltd [2016] QCA 19 (Walter Elliott Holdings No 2)
concerned an application for declaratory relief involving the
calculation of infrastructure charges in respect of a relocatable
home park. The adopted infrastructure charge was greater for a
three bedroom home than for a two bedroom home and at issue was
whether the approval permitted only two bedroom homes, or whether
it could be construed as permitting three bedroom
homes.
In Walter Elliott Holdings No 1, the Planning and
Environment Court held that, properly construed, the development
approval was for two bedroom dwellings. The judgment in Walter
Elliott Holdings No 1 was reversed by the Queensland Court of
Appeal in Walter Elliott Holdings No 2.
