Northeast Business Park Pty Ltd v Moreton Bay Regional Council

[2010] QPEC 125

[2010] QPEC 125

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 254 of 2010

NORTHEAST BUSINESS PARK PTY LTD	Appellant
and
MORETON BAY REGIONAL COUNCIL AND OTHERS	Respondents

BRISBANE

..DATE 03/11/2010

ORDER

CATCHWORDS

Sustainable Planning Act 2009, s 820
Integrated Planning Act 1997, s 3.1.6, s 3.2.1(5)

Making declaration of non-compliance delayed until court and parties are ready for consideration of what is the appropriate order for responding to the declaration

HIS HONOUR:  Adjourn for mention before Judge Robin on the 25th of November 2010.

The reason for the adjournment is to enable the Government departments involved to determine whether they have any additional requirements that might affect the court's final orders. The matter in respect of which the court intimated its view today was that, while there was no harm in a declaration being made to the effect that the developer had sufficiently complied with what s 3.1.6 of the Integrated Planning Act 1997 required, there was a certain risk to the developer in the other declaration to the effect that it had not provided the evidence required under s 3.2.1(5).

The court's intention all along has been to ameliorate that second declaration by an appropriate order under s 820 of the Sustainable Planning Act 2009. The parties aren't ready yet for the purpose of making final submissions as to what the conditions of s 820 relief might be. I don't think the appellant should be left exposed to potential consequences of an unqualified declaration of non-compliance of their development application with the statutory requirements.

Adjourn to the 25th of November when I'll deal with the matter, given my familiarity with it rather, than the mentions Judge.

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