QLDQCA
McDonald v Douglas Shire Council [2002] QCA 387
[2002] QCA 387
Court of Appeal (Qld)|2002-09-27|Before: Williams and Jerrard JJA and Atkinson JSeparate, reasons for judgment of each member of the Court, Williams and Jerrard JJA, concurring as to the orders made, Atkinson J dissenting
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-09-27
Before
Williams and Jerrard JJA and Atkinson JSeparate, reasons for judgment of each member of the Court, Williams and Jerrard JJA, concurring as to the orders made, Atkinson J dissenting
Catchwords
- ENVIRONMENT AND PLANNING – DEVELOPMENT CONTROL – CONSENTS,
- APPROVALS AND PERMITS – INTERPRETATION AND CONSTRUCTION
- – GENERALLY
- – consideration of the construction and effect of s 4.13(18) of the
Source
Original judgment source is linked above.
Catchwords
ENVIRONMENT AND PLANNING – DEVELOPMENT CONTROL – CONSENTS,APPROVALS AND PERMITS – INTERPRETATION AND CONSTRUCTION– GENERALLY– consideration of the construction and effect of s 4.13(18) of theLocal Government (Planning & Environment) Act 1990 (Qld) and theappropriate test to be applied in determining whether “a use...hasceased” for the purposes of s 4.13(18)(b)of the Act – leave toappeal grantedIntegrated Planning Act 1997 (Qld), s 4.1.56Local Government(Planning & Environment) Act 1990 (Qld), s 4.13(18)Aqua Blue (Noosa) Pty Ltd v Noosa Shire Council [2002] QPEC 42P& E Appeal No 5866 of 2001, 24 July 2002, consideredFriends ofStradbroke Island Association Inc and Anor and Sandunes Pty Ltd andRedland Shire Council (1998) 101 LGERA 161, followedGreet v LoganCity Council [2002] QCA 51Appeal No 9827 of 2001, 25 February 2002,followedH A Bachrach Pty Ltd v Caboolture Shire Council [1992] QCA 384(1992) 80