Makucha v Albert Shire Council

The applicants, Makucha, appealed against a decision of the Planning and Environment Court which dismissed their application for a declaration that certain rezoning applications were not duly made. The rezoning applications were made by Albert Shire Council under the Local Government (Planning & Environment) Act 1990. The applicants argued that the rezoning applications were not in accordance with the planning scheme and that the council had not followed the requirements of the scheme when making the applications. The dispute was heard in the Supreme Court of Queensland.

The legal issues before the court were whether the rezoning applications were matters to be undertaken in respect of the planning scheme and whether the requirements of the scheme existed when the Act came into force. The applicants argued that the rezoning applications were not matters to be undertaken in respect of the planning scheme and that the council had not followed the requirements of the scheme when making the applications. The council argued that the rezoning applications were matters to be undertaken in respect of the planning scheme and that the requirements of the scheme existed when the Act came into force.

The court found that the rezoning applications were matters to be undertaken in respect of the planning scheme and that the requirements of the scheme existed when the Act came into force. The court found that the council had followed the requirements of the scheme when making the rezoning applications. The court dismissed the applicants' appeal and upheld the decision of the Planning and Environment Court.

The court ordered that the applicants pay the council's costs of the appeal. The court did not make any other orders.