Pike, Joshua James & Anor v Tighe, Kym Louise & Ors [2017] HCA 9

TOWN PLANNING, WORDS AND PHRASES
Judgment type: 
High Court of Australia
Judge(s): 
Kiefel CJ, Bell, Keane, Gordon and Edelman JJ
Parties: 

Pike, Joshua James & Anor v Tighe, Kym Louise & Ors

Judgment Date: 
14 March 2018
Catchwords: 

TOWN PLANNING – Conditions on development – Where development approval permitted reconfiguration of lot into two lots – Where development approval subject to conditions – Where conditions included requirement to provide easement to allow access, on-site manoeuvring and connection of services and utilities – Where easement executed by registered proprietors of original lot did not comply with condition – Where Council approved survey plan to give effect to reconfiguration – Where titles for new lots created – Whether successor in title obliged to provide easement complying with condition.

TOWN PLANNING – Enforcement orders – Where Planning and Environment Court of Queensland may make enforcement order if satisfied that development offence "has been committed" – Where development offence to "contravene" development approval – Whether successor in title committed development offence by failing to provide easement complying with condition.

WORDS AND PHRASES – "binds the owner, the owner's successors in title and any occupier of the land", "contravene", "development", "development approval", "development offence", "enforcement order", "fail to comply with", "land", "lot", "the land the subject of the application to which the approval relates".

Acts Interpretation Act 1954 (Q), s36(1), Sched 1.

Sustainable Planning Act 2009 (Q), s7, s10(1), s244(a), s245, s580, s601(1)(a), s604(1)(a), s605(1)(e), Sched 3.

Citation: 
[2017] HCA 9