Property & Planning experts

The Planning Act 2016 (Qld) and the relevant local-government planning scheme generally govern use and development.

Many development and planning appeals in Queensland are heard in the Planning and Environment Court, which has its own procedures.

Planning lawfulness is for a planner; value is for a valuer, the two often work together on highest-and-best-use questions.

Fees vary with seniority and the scale of the dispute. Experienced town planners, surveyors and development consultants commonly charge in the range of $300 to $600 per hour, with principals of established practices at the upper end. A focused advisory opinion or desktop review typically costs a few thousand dollars, while a full expert report for a contested Planning and Environment Court appeal, including a site inspection and review of the development application material, commonly runs from around $10,000 to $40,000 or more. Joint expert meetings, joint reports and hearing attendance are usually billed on top, often at daily rates. The main cost drivers are the number of assessment benchmarks in dispute, the volume of material, whether feasibility or highest and best use modelling is required, and how many rounds of joint reporting the court orders. Experts Edge can obtain fee estimates from suitable experts before you commit.

Rule 428 of the Uniform Civil Procedure Rules 1999 (Qld) sets the baseline: the report must state the expert's qualifications, the facts and assumptions each opinion rests on, the reasoning behind it, any literature, tests or investigations relied on, and confirmation that the opinions are genuinely held and the report is complete. The expert must also acknowledge the overriding duty to assist the court and confirm compliance with the code of conduct for expert witnesses in Schedule 1C. For Planning and Environment Court appeals, check the Planning and Environment Court Rules 2018 as well, since that court runs its own expert evidence directions.

Four situations dominate. Development appeals in the Planning and Environment Court, where town planners address the assessment benchmarks under the Planning Act 2016 and the relevant planning scheme. Resumption compensation claims in the Land Court under the Acquisition of Land Act 1967, where highest and best use and development feasibility evidence often determines the award. Boundary, encroachment and easement disputes, which usually need a cadastral surveyor. And contract or negligence claims involving development sites, where feasibility experts test whether a project was ever viable. Match the expert's specialisation to the issue, not just the industry.

The Planning and Environment Court routinely directs experts in the same discipline to meet without the lawyers present, then produce a joint expert report recording what they agree on and precisely where and why they differ. The process is governed by the Planning and Environment Court Rules 2018 and the court's practice directions, and the joint report usually becomes the primary evidence in chief; individual statements are often confined to the disagreements. At hearing, experts commonly give evidence concurrently. Choose an expert with prior joint meeting experience, because a poorly handled meeting can concede points that are difficult to recover.