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ARTICLE · 11 SEPTEMBER 2016

Property and planning law: transferrable development rights impact Customs House

DWF (Australia)
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We discuss University of Queensland v Brisbane City Council & CBUS Property Brisbane Pty Ltd [2016]. .

AustraliaReal Estate and Construction
Andrew Bautovich
Andrew Bautovich
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University of Queensland v Brisbane City Council & CBUS Property Brisbane Pty Ltd [2016] QPEC 35.

Recently, Judge William Everson rejected the University of Queensland's (UQ) application in the Planning and Environment Court of Queensland, relating to CBUS Property's (CBUS) $375 million high density, multi-unit residential building opposite heritage-listed Customs House in Queen Street.

The high profile development has been the centre of a public campaign to have it scrapped, given its proximity to Customs House. Before the court, the two critical issues were:

  • Whether the delegate of Brisbane City Council (BCC) fell in to jurisdictional error and;
  • Whether BCC failed to properly assess the development application.

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