ABC Developmental Learning Centres v Brisbane City Council

[2007] QPEC 122

[2007] QPEC 122

DISTRICT COURT
CIVIL JURISDICTION

JUDGE ROBIN QC

P & E Appeal No 200 of 2006

ABC DEVELOPMENTAL LEARNING CENTRES	Appellant
and
BRISBANE CITY COUNCIL	Respondent
and
KEN DREW TOWN PLANNING	Co-Respondent
BRISBANE ..DATE 07/02/2007
ORDER

CATCHWORDS: Integrated Planning Act 1997 - adverse submitter
appeal - non compliance by developer with public notification
requirements excused - mis-spellings of name of the minor
street to which the corner site had a frontage - "idem sonans"
rule applied
HIS HONOUR: The Court makes an order in terms of the

1

initialled draft containing directions to lead to the hearing
of the appeal. The non-compliance with the public
notification requirements of the IPA which is excused is of an
unusual kind, rendering appropriate use of the "idem sonans"

rule, i.e. the pronunciation of words is the same, whichever	10
spelling is adopted.
The principal address of the site is 421 Beams Road. It was
described in some of the public notification as being located
on the corner of that road and Castlegrove Avenue, whereas the	20
correct name of the second street is Carselgrove Avenue. The
error was not reflected in advertisements placed on the site.
It was corrected by supplementary communications sent to
landowners entitled to individual notification, but not in
newspaper advertising. There were 51 submissions.	30
It is plainly a case where that minor error should not stand in the way of the appeal proceeding to determination. It is an adverse submitter appeal.
40

-----

50

2 ORDER 60