Austech (Qld) Pty Ltd v Hervey Bay City Council

[2006] QPEC 46

[2006] QPEC 046

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 204 of 2006

AUSTECH (QLD) PTY LTD	Appellant
and
HERVEY BAY CITY COUNCIL	Respondent

BRISBANE

..DATE 05/04/2006

ORDER

CATCHWORDS: Integrated Planning Act 1997 s.4.1.47(2) - sole issue in developer's conditions appeal the reasonableness of the Council's transport infrastructure policy on which approval conditions requiring money contributions were based - development permitted to proceed, as outcome of the appeal would not be affected.

HIS HONOUR: The Court has made orders in terms of the initialled draft supplied by Ms Evans. The special feature which the interlocutory application raises is the Court's permitting the appellant pursuant to Section 4.1.47(2) of the Integrated Planning Act 1997 to start its development in accordance with the decision notice of the Council dated 23rd of December 2005 on certain conditions.

The only contentious issue in the appeal concerns condition 33 in the decision notice relating to contributions required of the appellant under the Council's transport infrastructure policy.  It contends that that policy is unreasonable and the Court is told it is not alone among developers in the local government area in making that contention. 

The Council is content that the Court make such an order.  For the moment it is not known in dollar terms what is at issue, as the policy which the appellant contends to be unreasonable simply encapsulates a formula which enables contributions to be worked out at the appropriate time.  There has been no occasion to do it yet.  It is clear the parties agree that the outcome of the appeal would not be affected if the development started before the appeal were decided and in the circumstances the Court should go along with that and make the order.

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