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ARTICLE · 19 FEBRUARY 2014

Unfairness as between developers in contributing to road upgrades

Colin Biggers & Paisley
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This case involved an appeal by a developer against the respondent council's refusal of a development application.

AustraliaReal Estate and Construction
Ronald Yuen (Formerly With Colin Biggers & Paisley)
Ronald Yuen (Formerly With Colin Biggers & Paisley)
Phoebe Bishop
Phoebe Bishop

In brief - Court finds favourably for a quarrying company

The case Mackay Resource Developments Pty Ltd v Mackay Regional Council & Ors [2013] QPEC 57 involved an appeal by a quarrying company against the respondent council's refusal of a development application in respect of a material change of use of land for a hard rock quarry. The main issues in dispute were whether the proposed development conflicted with the Extractive Industry Code and the Good Quality Agricultural Land Overlay Code and, if so, whether there were sufficient grounds to justify its approval despite any conflicts.

His Honour Judge Robin QC found that there was sufficient need to overcome any difficulties associated with good quality agricultural land, but the need was not sufficient to resolve a non-compliance with the Extractive Industry Code. Nonetheless, His Honour was prepared to approve the development application on the basis that product extracted and removed from the subject

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