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The prohibition on development approvals having inconsistent conditions is often misconstrued

The prohibition on development approvals having inconsistent conditions is often misconstrued

There is no prohibition in the planning legislation on the existence of multiple development approvals over the one parcel of land. However, the operation of s.66(2) of the Planning Act 2016 can sometimes cause difficulties when the conditions of an existing development approval may, on the face of it, appear to be in conflict with the proposed conditions of another development application. Relevantly, s.66(2) provides: "(2) A development condition must not be inconsiste

SMSF and non-arm's length expenses in the legislative spotlight

SMSF and non-arm's length expenses in the legislative spotlight

Recent legislative changes passed by the Federal Parliament clarify and tighten the operation of rules regulating the treatment of "non-arm's length income" received by superannuation funds, which of course includes Self Managed Superannuation Funds ("SMSF"). The taxable income of a complying SMSF is made up of two components: a low tax component which is taxed at 15 per cent and a non-arm’s length component ("the non-arm’s length component") which is taxed at the top margina

Orb Holdings Pty Ltd v WCL (QLD) Albert Street Pty Ltd: The need to understand rights of access und

Orb Holdings Pty Ltd v WCL (QLD) Albert Street Pty Ltd: The need to understand rights of access und

The recent case of Orb Holdings Pty Ltd v WCL (QLD) Albert Street Pty Ltd (Judgment Delivered on 29 October 2019) is an example of the need to understand rights of access under an easement or other arrangement. Beatrice Lane is located in the Brisbane CBD, it is L shaped and runs between Albert Street and Margaret Street. WCL (QLD) Albert Street Pty Ltd (WCL) is the owner of lot 11. Orb Holdings Pty Ltd (ORB) is the owner of an adjoining piece of land – lot 12. On the Orb La

Amenity in Rural and Urban Contexts - A Paper presented to QELA

Amenity in Rural and Urban Contexts - A Paper presented to QELA

Introduction While planning legislation and planning schemes are important tools in assessing applications they alone will not achieve good planning outcomes without a proper appreciation of the proposal, the land the subject of the proposal and the impacts the proposal will have on the environment in which it is situated In any environment, whether urban or rural, competing land uses are a key planning issue that local authorities are required to manage. In the rural context

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