In the recent decision of
Abeleda & Anor v Brisbane City Council & Anor [2020] QCA 257, the Queensland Court of Appeal (Court) dismissed an appeal against a judgment of the Planning and Environment Court (P&E Court), in turn upholding an earlier decision of Brisbane City Council (Council) to approve a development application.
The Court endorsed an interpretation of Queensland s planning legislation, taken in recent P&E Court decisions, that provides greater flexibility and somewhat reduces the significance of non-compliance with planning scheme provisions.
Background
The case arose out of a decision by Council to approve an impact assessable development application for multi-storey car park.