Fraser Coast Regional Council v Lawton

[2010] QPEC 76

[2010] QPEC 76

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 2348 of 2010

FRASER COAST REGIONAL COUNCIL	Appellant
and
HEATHER LAWTON and MICHAEL LAWTON	Respondents

BRISBANE

..DATE 01/09/2010

ORDER

CATCHWORDS

Sustainable Planning Act, s 484

Court declares compliance with requirements for notification of "division 10" appeal from decision of Building and Development Committee

- e-mail notification accepted by respondent developer.

HIS HONOUR:  The court makes an order in terms of the initialled draft.  It contains directions calculated to result in the appeal being heard in the December sittings.

The only aspect that led to some inquiry by the court concerns the declaration of compliance with section 484(1)(g) of the Sustainable Planning Act 2009 relating to the giving of notice of the appeal. It is an appeal under division 10, so that the more frequently encountered provisions now in section 482 do not apply.

The appellant council which complains of the decision of the Building and Development Committee is required to serve or notify only the other party to the proceeding, which is the developer.

There is material before the court indicating that they are content with the mode of service which was adopted, which was by email.

Order as per initialled draft.

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