QLDQCA
Kettering Pty Ltd v Noosa Shire Council [2002] QCA 16
[2002] QCA 16
Court of Appeal (Qld)|2002-02-08|Before: McPherson and Davies JJA and Ambrose JSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-02-08
Before
McPherson and Davies JJA and Ambrose JSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
Catchwords
- LOCAL GOVERNMENT - TOWN PLANNING - GENERAL MATTERS - PLANNING SCHEMES AND
- INSTRUMENTS AND LIKE MATTERS - QUEENSLAND - where appellant
- owned land that was
- zoned "rural pursuits" under the respondent's planning scheme - where appellant
Source
Original judgment source is linked above.
Catchwords
LOCAL GOVERNMENT - TOWN PLANNING - GENERAL MATTERS - PLANNING SCHEMES ANDINSTRUMENTS AND LIKE MATTERS - QUEENSLAND - where appellantowned land that waszoned "rural pursuits" under the respondent's planning scheme - where appellantcould reasonably have been expectedto succeed in rezoning the land - whererespondent amended the planning scheme ending this prospect - whether payment ofcompensationwas excluded by s 3.5(4)(d) of the Local Government(Planning and Environment) Act 1990LOCAL GOVERNMENT - TOWN PLANNING - GENERAL MATTERS - ACQUISITION ANDCOMPENSATION - COMPENSATION - IN GENERAL - whether payment ofcompensation unders 3.5 of the Local Government (Planning and Environment) Act 1990 isexcluded where a planning scheme indirectly restricts the use of landLocal Government (Planning and Environment) Act 1990 (Qld), s3.5(1), s 3.5(4)(c), s 3.5(4)(d), s 3.5(4)(g), s 4.5(1),s 4.5(6)Sparke v Noosa Shire Council [2001] QdR 344, consideredT M