Gillion Pty Ltd v Scenic Rim Regional Council

[2012] QPEC 58

[2012] QPEC 58

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 4506 of 2011

GILLION PTY LTD	Appellant
and
SCENIC RIM REGIONAL COUNCIL AND OTHERS	Respondents

BRISBANE

..DATE 28/09/2012

ORDER

CATCHWORDS

Sustainable Planning Act 2009 s 3, s 4, s 5 Uniform Civil Procedure Rules r 69

"Philosophy" of Act referred to in joining new co-respondents-by-election (including a concurrence agency wrongly excluded), rather than force appellant developer back to an early step in the (impact assessable) development application process.

HIS HONOUR: Order as per initialled draft. What the order does is join the Tamborine Mountain Progress Association Incorporated and the Eagle Heights Village Association Incorporated as co-respondents by election pursuant to rule 69(1)(b) of the UCPR.

They will become the 85th and 86th co-respondents by election, respectively.  Mr Laidley currently represents the 22nd, 55th, 63rd and 77th co-respondents by election.  He informs the court that he will very soon, if it hasn't happened already, be representing the 28th, 29th and 74th. 

The two associations have, as I understand it, instructed him to appear today for the purpose of exercising, in a positive way, their opportunity to elect to become co-respondents.

This all follows from Judge Andrews' determination that in the development application process the Department of Transport and Main Roads ought to have been identified as a concurrence agency and that doing so might have elicited - or attracted - additional submissions.

Rather than send everything back to a more preliminary stage, his Honour made provision for orders of the kind that have been made today to be obtained on an application to join new parties, which the appellant undertook not to oppose.

The Department is the 84th co-respondent by election. By this means the philosophy of the Sustainable Planning Act 2009 (in ss 3, 4 and 5) and its predecessor legislation of making decision making processes as accountable, efficient and inclusive as possible is being realised.

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