G2 Group Pty Ltd v Brisbane City Council

[2011] QPEC 22

[2011] QPEC 22

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 3497 of 2010

G2 GROUP PTY LTD	Appellant
and
BRISBANE CITY COUNCIL	Respondent

BRISBANE

..DATE 04/03/2011

..DAY 1

ORDER

CATCHWORDS

Sustainable Planning Act 2009 s 482(2)(b), s 497

Time for service of notice of a developer's appeal on the Chief Executive of the Department of Infrastructure and Planning extended - respondent Council supportive
HIS HONOUR:  The court makes an order in terms of the initialled draft, which establishes directions for the next few steps to be taken in this developer appeal.

It is necessary for the court to extend time to serve the notice of appeal on the Chief Executive of the Department of
Infrastructure and Planning until the 8th of February 2011,
when such service occurred, if the appeal is permitted to
proceed to determination.

Section 482(2)(b) of the Sustainable Planning Act 2009
provides that that service must occur within 10 business days
after the appeal started, which means ten business days after
the 25th November 2010.  This statutory requirement is
overlooked with surprising frequency.  There are instances of
it proving costly to the inadvertent appellant, however, the
Council is supportive here. Section 497 of the Act permits
the court to allow a longer period for the taking of the
action required under section 482(2)(b), which the court
should do in the circumstances.

I order as per initialled draft.

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