Global Properties (Australia) Pty Ltd v Gold Coast City Council

[2005] QPEC 64

[2005] QPEC 064

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 2401 of 2005

GLOBAL PROPERTIES (AUSTRALIA) PTY LTD	Appellant
and
GOLD COAST CITY COUNCIL	Respondent

BRISBANE

..DATE 20/07/2005

ORDER

CATCHWORDS: Integrated Planning Act 1997 s 4.1.47(2) invoked to allow an approved development to start notwithstanding the pendency of the developer's appeal in which the only issue was the proper amount to be required under a condition for parks/recreation provision.

HIS HONOUR: The Council's solicitors accept that this is a situation "tailor made" for the application of section 4.1.47 subsection (2) of the Integrated Planning Act 1997. The Court reached a similar conclusion in Mingara Pty Ltd v Brisbane City Council [2002] QPELR 88 and TDD Shafston Pty Ltd v Brisbane City Council [2005] QPEC 019.

The only issue separating the parties concerns the amount of the appropriate contribution, if any, for parks/recreation provision in respect of a development which the council has approved on set conditions which include a contribution in excess of that which the appellant asserts is proper.  No one wants to contend that the development ought to be held up while the outstanding issue is resolved.

Mr Livingstone-Ward says he is confident that if necessary the Council will be in a position to force the appeal on for hearing so as to protect the interest which it defends in the appeal.  So, I order in terms of the initialled draft.

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