QLDQCA
Ure v Noosa Shire Council [2002] QCA 208
[2002] QCA 208
Court of Appeal (Qld)|2002-06-21|Before: McMurdo P, Davies JA and Fryberg 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
2002-06-21
Before
McMurdo P, Davies JA and Fryberg JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
Catchwords
- ENVIRONMENT AND PLANNING - DEVELOPMENT CONTROL - CONSENTS, APPROVALS AND
- PERMITS - LAPSE OF CONSENT - where application for consent
- to erect a dwelling
- house approved by the respondent Council subject to conditions - where applicant
Source
Original judgment source is linked above.
Catchwords
ENVIRONMENT AND PLANNING - DEVELOPMENT CONTROL - CONSENTS, APPROVALS ANDPERMITS - LAPSE OF CONSENT - where application for consentto erect a dwellinghouse approved by the respondent Council subject to conditions - where applicantappealed to the Planning andEnvironment against those conditions and the Courtby consent allowed the appeal subject to conditions - where the conditionsrequiredthe submission of a security - where the conditions provided that theapproval lapsed where the use of erection of a building orother structure hadnot been commenced within four years of the date of issue of approval - whethers 4.13(6A) of the Local Government (Planning and Environment) Act1990 (Qld) which requires a security be lodged within two years or such longerperiod as may be agreed to by the local governmentapplies - whether theconditions constitute an agreement by the respondent Council for a longer periodthan two years within whichthe security is to be lodged