Robertson, J.T.,‘Conditions Run with the land? It depends.’ (2015) 20(89) QEPR 34. It is a fundamental tenet of Queensland planning law that an approval and its conditions run with the land, binding future owners (and occupiers). However, this principle is not as straightforward in practice as one would suppose. Recent case law reveals that the question whether a particular approval including its conditions continues to bind owners (or occupiers) of land can be difficult to answer and necessarily requires consideration of the type of development approved, the expressly stated ongoing nature of the conditions as well as the legislative and judicial tests of validity. This paper analyses the recent caselaw and the provisions of the newly released consultation draft of the Planning Bill 2015 in order to provide clarity around this topic.
Conditions-run-with-the-land-it-depends-QEPR (520K)
