Optus Mobile Pty Ltd v Sunshine Coast Regional Council

[2011] QPEC 110

[2011] QPEC 110

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 3442 of 2010

OPTUS MOBILE PTY LTD	Appellant
and
SUNSHINE COAST REGIONAL COUNCIL	Respondent

BRISBANE

..DATE 27/07/2011

ORDER

CATCHWORDS
Sustainable Planning Act 2009 s 350

Developer appeal against refusal of a change of use for a mobile phone tower - consent order allowing appeal made although a change in the proposal by reducing height by 2 metres was not notified in a formal way - appellant required to file relevant plans so that the court's development approval could be properly understood by a searching of the file
HIS HONOUR:  The court makes an order in terms of the initialled draft which allows this appeal against the respondent Council's refusal of a development application for a mobile phone tower.  The parties had contemplated it might be necessary to adjourn today's mention of the matter because the affidavit material filed, which establishes the parties’ agreement on a suitable conditions package if the proposal is to go ahead, had failed to draw attention to a change to the proposal.

The only change is to reduce the height of the tower from 40 metres as proposed to 38 metres, in accordance with the height limit in condition 9.  There seemed to be no point in the court requiring another appearance before this appeal could be finally resolved.

The court has required that three plans referred to in the conditions package which show the final proposal, and are identified as the approved plans for the proposal, be filed in the court.  I think it is important for the integrity of the record, so to speak, that anyone interested be able to ascertain by a search in the court just what the approval is which the court grants.

...

HIS HONOUR:  Orders as per initialled draft.

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