CEE Jay Investments Pty Ltd v Stanthrope Shire Council

[2005] QPEC 63

[2005] QPEC 063

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

No 4683 of 2004

CEE JAY INVESTMENTS PTY LTD

Appellant

and

STANTHORPE SHIRE COUNCIL

and

AMANDA LANE

and

MICHAEL LANE

and

STATE OF QUEENSLAND

Respondent

Co-Respondent

Co-Respondent

Co-Respondent

BRISBANE

..DATE 20/07/2005

ORDER

CATCHWORDS: Integrated Planning Act 1997 s 4.1.5A - appeal allowed to proceed notwithstanding that certification of advertising of development application was premature in being given prior to the end of the statutory notification stage - evidence showed that advertisements had remained in place for the full time required.

HIS HONOUR: The Court will make an order in terms of the initialled draft which establishes a schedule for further steps in the appeal towards the hearing of it. There are two special features: one concerns late service on the State Government, which is not productive of any difficulty, as evidenced by the attendance of its representative; the other matter is an indulgence under section 4.1.5A of the Integrated Planning Act 1997, related to advertising.

The problem is that after appropriate advertising had been instituted the gentleman responsible produced the customary documentation to establish that prematurely.  In other words, he did not wait until the requisite period had passed throughout which advertisement of the development application was required to remain extant.  There is no contest regarding the appellant's assertion that the advertising did remain in place for the requisite period, and no suggestion from the Council or any other quarter that any person's right to consider the proposal and make submission was affected.

While it might have been open to the appellant to make a further certification in respect of public notification, that has not been done.  It may be regarded as unnecessary in the circumstances.

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