DTS Group Qld & JLF Corporation P/L v Brisbane City Council

[2005] QPEC 74

[2005] QPEC 074

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No BD2526 of 2005

DTS GROUP QLD

and

JLF CORPORATION PTY LTD

First Appellant

Second Appellant

and

BRISBANE CITY COUNCIL

Respondent

BRISBANE

..DATE 05/08/2005

ORDER

CATCHWORDS: Integrated Planning Act 1997 s 4.1.5A - Integrated Planning Regulation 1998 s 18 - directions made to permit developer appeal to advance - court's declaration of satisfaction made expressly subject to confirmation regarding one of the road frontage notices - site's frontage to 3 named roads, one of which may have been merely a continuation of another, with a changed name - premature to consider relief under s 4.1.5A

HIS HONOUR: The Court makes an order in terms of the initialled draft which is a conventional directions order with a twist. That concerns public notification, as required by the Integrated Planning Regulation 1998 s 18. The site has frontage to at least three streets but it may be that two of them are, for practical purposes, a continuation of each other, those being Delathin Road and Penny Lane, Algester. The Court is limited to information provided from the Bar table in circumstances where the existence of an issue has emerged only at the last moment. So it may be that there have been misunderstandings.

It seems that only two signs were placed on streets.  From some points of view, at least that of a vigilant Council officer, there may have been three relevant street frontages as opposed to the two which an inspection of the site in its surroundings may have suggested it represented the practical situation. 

The Court has insufficient information at the moment to resolve the matter or to consider granting relief to the appellants under section 4.1.5A of the Integrated Planning Act 1997, should that turn out to be necessary. There apparently were no adverse submissions. The matter can proceed since the amendment I have made to the conventional declaration of satisfaction on the Court's part that public notice has been given makes it clear that there is still an aspect to be looked at. In the meantime, the appeal can proceed.

The Court's declaration is specifically: "Subject to confirmation, in relation to the site's frontage to Delathin Road, Algester".  Order as per draft.

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