Jahnke v Cassowary Coast Regional Council

Jahnke v Cassowary Coast Regional Council was a case before the Queensland Land Court where the dispute centred on the validity and compliance of a development application concerning a proposed golf course and residential tourist facility. The developer had lodged multiple development applications, leading to uncertainty about the date of the relevant application and the applicable triggers for concurrence agencies. The key issue for the court was whether the application was invalid due to non-compliance with referral coordination and public notification requirements. Another significant legal question was whether the development application could be considered "involving" an environmentally relevant activity (ERA) of a large on-site sewage treatment and disposal facility, even though the developer did not seek a material change of use or a licence for it as part of the proposal.

The court found that the referral coordination applied to each potential date of the development application, albeit for different reasons, and that the 30 business days required for public notification was not met. The "common material" was less extensive than if all proper concurrence and advice agencies had been involved. The court held that the development application should return to the acknowledgement stage if relief for non-compliance was not obtained. The court also determined that the development application could be considered "involving" an ERA of a large on-site sewage treatment and disposal facility, despite the developer not seeking a material change of use or a licence for it. The application was not considered invalid as "piecemeal." The court deferred the issue of whether the non-compliance should be excused pending further submissions.