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ARTICLE · 21 AUGUST 2012

Sunshine Coast Regional Council v Recora Pty Ltd [2012] QPEC 8

Norton Rose Fulbright Australia
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The Council sought declarations that the registered proprietor of the subject land had committed a development offence.

AustraliaReal Estate and Construction
Michael Walton
Michael Walton
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Application for declaration – non-payment of contributions – requirement that Applicant pay contribution prior to the commencement of use or issue of a Certificate of Classification – discretion - ss.3.5.28 and 4.3.3(1) Integrated Planning Act 1997 – s.580(1) Sustainable Planning Act 2009

Facts: The Council sought declarations that the present registered proprietor of the subject land had committed, and was committing, a development offence for its refusal to pay contributions required by a development approval. It also sought enforcement orders in that regard.

The proceedings focused upon the proper construction of certain infrastructure contribution conditions which required the Applicant to pay monetary contribution prior to the commencement of use, or issue of a Certificate of Classification, whichever was the sooner.

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