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ARTICLE · 13 JUNE 2018

Planning and Environment Court approves a permissible change to remove internal access road

Colin Biggers & Paisley
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The Court ultimately found that the application fell within the meaning of a permissible change and should be approved.

AustraliaReal Estate and Construction
Ian Wright
Ian Wright
Nadia Czachor
Nadia Czachor
Russell Buckley
Russell Buckley

In brief

The case of Sailmist Pty Ltd v Sunshine Coast Regional Council & Anor [2017] QPEC 63 concerned an application to the Planning and Environment Court for a permissible change under section 369(1)(d) of the Sustainable Planning Act 2009 (SPA) to remove an internal access road from an approved reconfiguration of a lot at Kundra Park, Queensland.

The Court considered uncontested evidence from expert witnesses and had regard to the Council's consent before ultimately finding the application fell within the meaning of a permissible change under section 367 of the SPA and should therefore be approved.

The Applicant applied for a permissible change to a development permit

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