QLDQCA
Weightman v Gold Coast City Council & Anor [2002] QCA 234
[2002] QCA 234
Court of Appeal (Qld)|2002-06-28|Before: de Jersey CJ, McMurdo P, Atkinson JSeparate reasons, for judgment of each member of the court, McMurdo P and Atkinson J concurring as, to the orders made, de Jersey CJ, dissenting
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2002-06-28
Before
de Jersey CJ, McMurdo P, Atkinson JSeparate reasons, for judgment of each member of the court, McMurdo P and Atkinson J concurring as
Catchwords
- ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING
- SCHEMES AND INSTRUMENTS – QUEENSLAND – STRATEGIC
- PLANS –
- DEVELOPMENT CONTROL PLANS – where planning scheme prohibited buildings
Source
Original judgment source is linked above.
Catchwords
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNINGSCHEMES AND INSTRUMENTS – QUEENSLAND – STRATEGICPLANS –DEVELOPMENT CONTROL PLANS – where planning scheme prohibited buildingsover three storeys – where Councilapproved construction of building tofour storeys – where learned primary judge determined the conflict withthe planning schemewas minimal – whether the planning scheme was properlyconstrued – whether an error in construing the planning schemeconstitutedan error of law – whether the discretion under s 4.4(5A) LocalGovernment (Planning and Environment) Act 1990 (Qld) was properlyexercisedLocal Government (Planning and Environment) Act 1990 (Qld),s 4.3(1), s 4.4(5A)Integrated Planning Act 1997 (Qld), s 4.1.56, s6.1.2, s 6.1.3, s 6.1.29, s 6.1.30 (3)(a)Grosser v Council of theCity of the Gold Coast [2001] QCA 423, Appeal No 8502 of 2000, 9 October2001, consideredHA Bachrach Pty Ltd v Caboolture Shire Council [1992] QCA 384[1993]