Davnat Developments 7 Pty Ltd v Gold Coast City Council

[2010] QPEC 60

[2010] QPEC 60

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 2493 of 2009

DAVNAT DEVELOPMENTS 7 PTY LTD & ANOR	Appellant
and
GOLD COAST CITY COUNCIL & ANOR	Respondent

BRISBANE

..DATE 23/07/2010

ORDER

CATCHWORDS

Appropriate directions (where parties in disagreement) for further conduct of an appeal ordered to be heard with another

HIS HONOUR:  The court has made an order in terms of the initialled draft which sets out directions for the future conduct of the appeal.

Mr Cronin, appearing for the appellant, had not been aware that last year Judge Rackemann made an order that this proceeding and Appeal 2492 of 2009 which relates to infrastructure charges in respect of the same development ought to be heard together.  His view is that the appeals can be seen as independent but he accepts that severance of the two proceedings ought not to occur except pursuant to a further order.

The council is in broad agreement with the directions sought except that it is strongly of the view that the matters cannot be got ready for a hearing in October, which is what the appellant seeks to “get things moving”.

The relevant buildings are already up.  The purpose of the material change of use application whose refusal by the council led to institution of Appeal 2493 of 2009 is to change the use of the existing buildings to a transport depot from a warehouse use.  In that connection, the council contends that there are traffic implications necessitating dedication of land for road purposes and the like.

Ms McGrath says that the council is yet to prepare 2492 of 2009 and that that constitutes a reason over and above the complexity of the matter otherwise for the notion of an October 2010 hearing being overoptimistic.  Her client sought an additional month.  There need only be a week's difference between dates for hearings in the two sittings.

In the circumstances, it seemed appropriate to indulge the appellants but the continued desirability of doing so if the appeals are to be appropriately prepared and presented can be reviewed on 16 September 2010 or some other occasion.

Order as per initialled draft.

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