Longhurst v Austexx Developments P/L

[2003] QCA 576

COURT OF APPEAL

McMURDO P
McPHERSON JA
CHESTERMAN J

Appeal No 7676 of 2003
Appeal No 7712 of 2003
Appeal No 7749 of 2003
P & E No 4642 of 2002
P & E No 4446 of 2002
P & E No 4106 of 2002

JOHN CLIFFORD LONGHURST and QIC LOGAN
HYPERDOME PTY LTD ACN 076 279 699                  Applicants

and

AUSTEXX DEVELOPMENTS PTY LTD
ACN 086 328 109  First Respondent

and

LOGAN CITY COUNCIL  Second Respondent

and

LEWIAC PTY LTD & ING REAL ESTATE
JOONDALUP BV ACN 008 524 801 &               First Respondent
LOGAN CITY COUNCIL

LOGAN CITY COUNCIL  Applicant

and

AUSTEXX DEVELOPMENTS PTY LTD
ACN 086 328 109  Respondent

BRISBANE

..DATE 24/12/2003

JUDGMENT

THE PRESIDENT:  This appeal was heard by a Court consisting of Judge of Appeal McPherson, Justice Chesterman and me.

The orders are:

1. John Clifford Longhurst and QIC Logan Hyperdome Pty Ltd, Lewiac Pty Ltd and ING Real Estate Joondalup BV and Logan City Council all be granted leave to appeal in Appeals No 7676 of 2003, 7712 of 2003 and 7749 of 2003 respectively.

1. The orders made by the Planning & Environment Court in each of applications number 4106, 4642 and 4446 of 2002 should be set aside.

1. The cross-applications brought by Austexx Developments Pty Ltd for leave to appeal against the orders made in the three applications should be refused.

1. In application 4106 of 2002, there should be an order that the application be dismissed.

1. In each of applications 4642 and 446 of 2002, there should be declarations that upon the proper construction of the planning scheme for the City of Logan the development applied for and described in a development application made by Austexx Developments Pty Ltd on 2 September 2002:

(a)does not constitute development for the purposes of a retail showroom;

(b)requires impact assessment for the purposes of the Integrated Planning Act 1997 Queensland;

(c)may not be approved by the Logan City Council unless Chapter 3 Part 4 of the Integrated Planning Act 1997 Queensland has been complied with; and

1. Austexx Developments Pty Ltd should pay the costs of and incidental to the applications for leave to appeal and the appeals to be assessed on the standard basis.

I publish the separate reasons for judgment of each member of the Court, each concurring as to the order made.

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