PLANNING & ENVIRONMENT COURT
OF QUEENSLAND
CITATION:
Barns v Maroochy Shire Council & Anor [2005] QPEC 111
PARTIES:
JAMES THOMAS BARNS
Appellant
v
MAROOCHY SHIRE COUNCIL
Respondent
and
RELIANCE PETROLEUM and FIMA & ASSOCIATES PTY LTD
Co-respondent
and
THE STATE OF QUEENSLANDSecond Co-respondent
FILE NO/S:
3/2005
DIVISION:
Planning & Environment Court
PROCEEDING:
Appeal
ORIGINATING COURT:
Planning & Environment Court of Queensland, Maroochydore
DELIVERED ON:
4 November 2005
DELIVERED AT:
Maroochydore
HEARING DATE:
31 October 2005
JUDGE:
Judge J M Robertson
ORDER:
Matter adjourned to enable parties to formulate conditions
CATCHWORDS:
PLANNING LAW – Integrated Planning Act 1997 s 3.5.30(1) considered
Integrated Planning Act 1997
Local Government (Planning and Environment) Act 1990Cases considered:
Pinjarra Hills & Ors v Brisbane City Council & Ors [1995] QPLR 334
COUNSEL:
Mr W L Cochrane (for the appellant)
Mr M A Williamson (for the respondent Council)
Mr S Ure (for the co-respondent)
Mr D O’Brien (for the second co-respondent)SOLICITORS:
P&E Law (for the appellant)
Maroochy Shire Solicitor (for the respondent)
Kerry Connolly & Howard Solicitors(for the co-respondent)
Crown Law (for the second Co-respondent)
On the 16 November 2004 the Council approved a material change of use application by the co-respondent (Reliance) relating to an existing service station which has operated at 45 Yandina-Coolum Road, Coolum Beach, for many years. The application was to redevelop the existing site which has a mechanical shop, a snack shop and a congested bowser forecourt area into a modern BP shop relocated to the rear of the block and a much more efficient service area for the sale of petroleum products. The appellant (Barns) is a commercial competitor of Reliance and made a submission during the assessment process. As a direct consequence of successful expert conclaves and sensible compromise only one discrete issue remains for the Court’s determination.
The site is located in a mixed housing precinct at the corner of Yandina-Coolum Road, Key West Avenue and Daytona Avenue, Coolum. The Yandina-Coolum Road is a state controlled road, thus the Department of Main Roads (DMR) was a concurrency agency for the purposes of the application and the State of Queensland participated actively in the appeal.
All traffic issues bar one were resolved either at conclave or leading up to the hearing of the appeal. Town planning issues and noise and odour issues were all resolved by agreement.
The Appellant submits that there should be a development condition which will prevent access to the site from the Yandina-Coolum Road for cars coming from the east and turning right into the service station, and for cars leaving the site and turning right into Yandina-Coolum Road. Such access is permitted presently by the simple facility of breaks at the access and egress points in the double white line, and the creation of a no parking yellow line on the southern side of the road opposite the service station.
I think it is correct, as Mr Ure implied in his opening,…
Keep reading for free
Create a free CaseChat account to read Barns v Maroochy Shire Council and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2005] QPEC 111
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the council's refusal to grant the permit was lawful and if the council's reasons were adequate under section 3.5.30(1) of the Act. This involved examining the statutory criteria for refusing a permit and whether the council's decision was within the bounds of its statutory powers. The court also considered the nature of the land and the proposed development in relation to the existing planning scheme.
The court found that the council's reasons for refusing the permit were insufficient, as they did not adequately address the statutory criteria outlined in section 3.5.30(1) of the Act. The court held that the council's decision was not supported by appropriate reasons and therefore was invalid. The court ordered the matter be adjourned to enable the parties to formulate conditions for the permit, ensuring the council's decision would be adequately justified under the Act.
Orders
Orders of the court
Matter adjourned to enable parties to formulate conditions
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.