Coolum Industrial Projects Pty Ltd v Maroochy Shire Council

[2006] QPEC 53

[2006] QPEC 053

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Application No 1075 of 2006

COOLUM INDUSTRIAL PROJECTS PTY LIMITED	Applicant
(ACN 112 298 496)
and
MAROOCHY SHIRE COUNCIL	Respondent
BRISBANE
..DATE 21/04/2006
21042006 T07/JIR39 M/T CMS45/2006 (Robin DCJ)
HIS HONOUR: This is an application to vary conditions	1
contained in an order of the Court, which was one made in Maroochydore by Judge Dodds on the 11th of February 2005. The relevant section of the Integrated Planning Act 1997 is section 3.5.33.

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It is necessary to involve the Court because the condition sought to be changed was part of the Court's order. The applicant, the developer, must show, as subsection (1)(b) indicates, that no assessable development would arise from the

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change.

The effect of the change is to permit access from lot 88 in an industrial sub-division to Quanda Road. The original condition 23 precluded such access in respect of lots 87, 88,

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91, 92, 115, 116 and 145. The traffic engineering reason for
that was that it was important to accommodate the future
envisaged for Quanda Road as an important link to anticipated

development further north.

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The consequence of the condition was that access from sites to the public road system should be taken by another road following an east/west track which intersected Quanda Road. Lot 88 is a corner block. Changes in thinking about the future of Quanda Road mean that it is no longer important to

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preclude access from adjoining sites even where, as in the
case of lot 88, they may have alternative access.
21042006 T07/JIR39 M/T CMS45/2006 (Robin DCJ)

All of the surrounding land is industrial and as it happens	1
that most affected, being land on the opposite side of Quanda Road, is owned by the applicant. It is difficult to see that any assessable development would arise from the changes sought, it simply permits the applicant to exercise the right,

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which landowners usually have, to access public roads across
their frontage.

There is no longer a justification for limiting the enjoyment of such access in respect of lot 88 and so the condition ought

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to be changed.

I make an order in terms of the initialled draft. It removes lot 88 from the list in condition 23 so far as exclusion from access to Quanda Road is concerned and makes special provision

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for lot 88 that its:

"Access to Quanda Road shall be limited to the plans
approved under development application number MCU05/0183

dated 21 September 2005".

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It is unsatisfactory that for all that appears no copy of the approval is before the Court. I have added to the words quoted in the draft order:

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"A copy of which is Exhibit 1"

21042006 T07/JIR39 M/T CMS45/2006 (Robin DCJ)

in the expectation that the applicant and the Council have	1
separately undertaken to provide a copy of the document to the Court.
Only one copy is required, so that the performance of either

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of its undertaking would discharge the other's undertaking. I

have also added "liberty to apply" to the draft order.

...

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