Doolan v. Brisbane City Council

[2009] QPEC 24

[2009] QPEC 24

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 528 of 2009

MATTHEW DOOLAN	Appellant
and
BRISBANE CITY COUNCIL	Respondent

BRISBANE

..DATE 03/04/2009

ORDER

CATCHWORDS: Developer appeal launched on basis of a deemed refusal, on day after which Council advice of an actual refusal was received - appeal to proceed - the appellant was always agent for a client - client substituted as appellant.

HIS HONOUR:  The Court makes an order in terms of the initialled draft which incorporates directions to get the matter resolved.  It will facilitate the matter being disposed of in the July sittings of the Court this year.

The unusual feature is that the appeal was lodged at what the developer or her agent thought was the appropriate time on the basis of a deemed refusal. On the following day a decision notice from the Council was received bespeaking an actual refusal. I've had occasion in the past to consider whether in those circumstances there's any defect in the appeal. The council isn't suggesting so and I was satisfied in the other matter that there was not. See Garfy Pty Ltd v Maroochy Shire Council [2007] QPEC 128, also Tinbeck Pty Ltd v Logan City Council [2008] QPEC 106, both applied in fault and South Burnett Regional Council [2009] QPEC 6 at [18]

The name of the proceeding will change as the material before the Court indicates that the named appellant has always been acting as agent for Sheree Tracey McMonigle.  It's considered convenient that she replace him as the appellant.

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