Cooloola Ratepayers and Residents Association Inc v Cooloola Shire Council

[2004] QPEC 18

PLANNING & ENVIRONMENT COURT
OF QUEENSLAND

CITATION:

Cooloola Ratepayers and Residents Association Inc v Cooloola Shire Council & Anor [2004] QPEC 018

PARTIES:

COOLOOLA RATEPAYERS AND RESIDENTS ASSOCIATION INCORPORATED                (Appellant)  

AND

COOLOOLA SHIRE COUNCIL                  (Respondent)

AND

ROSS VICTOR DAVIES AND DAPHNE ELIZABETH DAVIES as trustees for the RV & DE DAVIES SUPER FUND  
  (Co-respondent by Election)

FILE NO/S:

No 2 of 2003

DIVISION:

Planning and Environment Court

PROCEEDING:

Appeal

ORIGINATING COURT:

Gympie

DELIVERED ON:

6 May 2004     (judgment given ex tempore)

DELIVERED AT:

Gympie

HEARING DATE:

5^th May 2004 and 6^th May 2004

JUDGE:

Judge J.M. Robertson

ORDER:

   [1]      The appeal is dismissed

   [2]      I direct that my reasons and the evidence before the Court on this issue of costs be forwarded to the Attorney-General with a view to him deciding if any person should be prosecuted for perjury.

   [3]      I direct that a copy of my corrected reasons be given to each of the parties.

   [4]      I give judgment in terms of the draft order which I have amended slightly to reflect those reasons, which I initial, date today’s date and lodge with the file.

CATCHWORDS:

PLANNING AND ENVIRONMENT – submitter appeal.

COUNSEL:

Mr F. Lightfoot             (for the appellant)

Mr W. Cochrane        (for the respondent)

Mr C. Hughes S.C.    (for the co-respondent by election)

SOLICITORS:

King & Co Solicitors   (for the Respondent)

Balwins Lawyers         (for the Co-respondent)

The appellants for themselves

1. The co-respondents to this submitter appeal, Ross and Daphne Davies, have operated a furniture retail business in Gympie at various locations since 1988. They quickly outgrew their original premises in Mary Street, and in 1994 commenced trading at their present showroom and retail premises at 2-4 Horseshoe Bend, Gympie. In 2002 – 2003, in line with a real estate boom, and unprecedented population growth in the city, their trading increased very significantly to a point where it became critical to the continued growth and viability of the business to obtain substantially more floor space to display stock and to meet the needs of their expanding customer base. They set about, in a professional way, to identify an appropriate site to purchase, and eventually acquired the site the subject of this appeal.

1. The site is conveniently located immediately opposite their present showroom in Horseshoe Ben and comprises two lots. The land is located on Horseshoe Bend between Ferguson Street and Lawrence Street and comprises 2,412 square metres. Lot 802 is vacant and Lot 666 contains a character butcher shop, which will be retained under the proposal, and a character house which will be removed if the appeal is dismissed.

1. Mr Davies gave evidence to support his written statement. His evidence was not challenged in any significant way. His family are fifth generation Gympie residents. He impressed me as a sincere man of integrity with a deep commitment to the welfare of his community. It was also clear to me that the appellant’s continuation of the appeal, in the face of what was clearly a genuine response to…