Tony Baldwin, Partner
Olivia Williamson, Solicitor
The Planning and Environment Court recently considered
what makes a dwelling "relocatable". This issue was
examined in the context of land which had been approved for use as
a relocatable home park, and the Court had to consider whether the
dwelling units in the park fell within the relevant planning scheme
definition of "relocatable home".
This case, Walter Elliott Holdings Pty Ltd v Logan City Council
[2009], was decided largely on its facts, although it is helpful to
consider the Court's approach to interpreting these
definitions.
The applicant, Walter Elliott Holdings Pty Ltd, owned land at
Waterford which was approved for use as a relocatable home park for
246 relocatable homes. The respondent, Logan City Council, argued
that the dwellings erected and currently under construction on the
land failed to meet the relevant criteria for relocatable homes on
the basis that their design and construction were much
