Murray & Associates (Qld) Pty Ltd v Central Highlands Regional Council

[2010] QPEC 61

[2010] QPEC 61

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 1414 of 2010

MURRAY & ASSOCIATES (QLD) PTY LTD	Appellant
and
CENTRAL HIGHLANDS REGIONAL COUNCIL & ORS	Respondent

BRISBANE

..DATE 23/07/2010

ORDER

CATCHWORDS
Whether appeal should be set down for hearing in a "January pool" not yet gazetted - circumstances in which court not concerned at discrepancies in notification to adjoining landowners

HIS HONOUR:  The court makes an order in terms of the initialled draft which incorporates directions for the future conduct of this appeal.

It may be worth observing that it contemplates a hearing for five days in what is called the January 2011 pool.  No such sittings has yet been gazetted or in any way formally approved or indicated.  On the basis of what has occurred in previous years when a former Judge of the Court has conducted sittings in January, the parties feel a degree of confidence that that situation will be replicated in 2011.

...

I have a personal concern that the practicalities of the arrangements envisaged by the parties may hang on whether there is a Judge prepared to sit in the ordinary vacation period, as has happened in recent times.

The other aspect that calls for some comment concerns the court's declaring its satisfaction that public notification has been correctly undertaken by the co-respondent developer.

There has been some reference to unfortunate discrepancies in the notifications sent to adjoining owners between a covering letter which in some instances indicated a closing date for submissions of 15 October 2009, when enclosed formal notices made it clear that the true date was 22 October 2009.

There is no application for any indulgence in respect of what happened and, indeed, one is scarcely necessary.  Of the three adjoining neighbours involved, two lodged submissions, the other did not, but the court has been informed by Mr Kevin representing the council that that other is an entity with a commercial development across the boundary which has demonstrated its familiarity with planning matters to the extent of having involvement in proceedings.

Order as per initialled draft.

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