7. Compensation on Resumption of Real Estate in Qld

7. Compensation on Resumption of Real Estate in Qld

In this Guest Blog, Ian Neil of McCarthy Durie Lawyers discusses the procedure for compensation on resumption of real estate in Queensland.

Compensation is to be assessed “on fair and reasonable value as at the date of the taking, based on the highest and best use of the land”. Importantly, Ian notes that it is essential for professional advice to be obtained, because the value of the taken land is not based on the value of the current use but the land’s potential use. Any affected land owner is well advised to immediately seek advices from specialists such as a town planner, valuer and lawyer to advise on the compensation claimable. And why wouldn’t you do so, because all reasonable cost incurred are claimable against the resuming authority, even if the resumption does not ultimately proceed.

Ian has over 30 years experience as a solicitor in the Queensland Planning & Environment and Land and Supreme Courts and can assist with all matters relating to the topics canvassed in this blog as well as other planning law matters.

Development Approval Conditions

Development Approval Conditions

Conditions of development approval specify how a development is to be carried out, usually with the intent to protect or reduce impacts on the environment and amenity of the surrounding area and to ensure that the proposed development is adequately serviced by all necessary civic infrastructure. Conditions generally consist of an action to be carried out and the timing for that action to be undertaken. If neither reasonable nor relevant, conditions may be changed or removed.

This blog outlines the rules under the Sustainable Planning Act 2009 (SPA) for setting conditions on development approvals, so read on if you wish to better understand the logic behind and the limits to development approval conditions.

Town Planning in a Nutshell – It’s Sort of Like the Game Sim City…

Town Planning in a Nutshell – It’s Sort of Like the Game Sim City…

"What is town planning and what does a town planner do?"

“Do you know the game Sim City?”


“Well, town planning is a little bit like that.”

This is my usual response to the inevitable question after stating what my profession is when meeting someone new...

Most people know the game Sim City and although it is an oversimplification, it provides a nice representation of town planning (and makes it sound a bit fun?).

So if you have ever wondered: “what exactly does a town planner do?” Then continue reading this article. The purpose of this article is to provide a high-level overview of the roles and responsibilities of town planners in the various parts of the planning system in Queensland (our home State).

To begin, the town planning profession is known by several names, all of which aim to describe what we do collectively. These include: urban planning; urban and regional planning; land use planning; statutory planning, city planning and more. The names differ around the world but the roles are fundamentally the same.