Genamson Holdings Pty Ltd v Caboolture Shire Council
[2008] QPEC 42
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Editorial Notes
Published Case Name:
Genamson Holdings Pty Ltd v Caboolture Shire Council
Shortened Case Name:
Genamson Holdings Pty Ltd v Caboolture Shire Council
MNC:
[2008] QPEC 42
Court:
QPEC
Judge(s):
Robin DCJ
Date:
07 Jul 2008
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2008] QPEC 42
07 Jul 2008
Application for a declaration that the development involved in the applicant’s development application (superseded planning scheme) lodged with the respondent Council on 8 June 2007 is development that could be carried out under a superseded planning scheme within the meaning of s 3.2.5(1) of the Integrated Planning Act; application dismissed: Robin QC DCJ.
Leave to appeal refused with costs; appeal against dismissal of application for declaration in P&E Court regarding whether a proposed development is self-assessable development under the IPA, thereby not requiring a development permit; contentions are without sufficient substance to warrant the grant of leave to appeal: Keane and Fraser JJA and Chesterman J.
Appeal Status
Appeal Determined (QCA)
Cases Cited
Case Name
Full Citation
Frequency
Brisbane City Council v Boral Resources (Qld) Pty Ltd