Riethmuller v Brisbane City Council

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

[2004] QPEC 064

No 2211 of 2004

PAUL ANTHONY RIETHMULLER	Applicant
and
BRISBANE CITY COUNCIL	Respondent

and

KEVIN HAYES ARCHITECTS Co-Respondent

BRISBANE

..DATE 01/11/2004

JUDGMENT

CATCHWORDS: Integrated Planning Act 1997 s 3.5.15, s 4.1.5A adverse submitter appeal - appellant's submission against proposed development treated as a "properly made submission" where it was slipped under the Council's closed door before 5 p.m. on the last day for submissions - appeal could not be struck out as out of time - appeal period did not commence to run because omission of conditions of approval meant the submitter had not been given a copy of the "decision notice".

HIS HONOUR: I will direct the Registrar or my Associate to post a copy of the Notice of Appeal to the Chief Executive, Department of Local Government and Planning, Mineral House, 41

George Street, Brisbane 4000 within 24 hours.

The principal issues in the appeal are to be those set out in
the Notice of Appeal.
01112004 D.2 T7/SDH (Robin DCJ)

1

Any request for particulars is to be made by the 5th of

November 2004.

Disclosure is to take place by the 8th of November 2004.

10

Particulars are to be supplied as requested by the 10th of exchanged by the 12th of November 2004.

20

I direct that a meeting of the parties with a view to
resolving all or some issues, to which the parties may
bring legal representatives and any expert, take place by the

13th of November 2004.

30

I direct that any further issues be notified by the appellant of November 2004 in the hope that the matter may be set down in the December pool. I am not sure if it is necessary to grant liberty to apply. Is it usually? I will do it anyway. If anything goes wrong it can come back to the Judge.	40
50

no later than the 8th of November 2004 with any request for
particulars of them to be made by the 10th of November 2004
and those particulars last referred to to be supplied by the
12th of November 2004. (Of course, if there are further
issues raised, that will trigger obligations to make
appropriate disclosure forthwith.)

Costs of 27th of October 2004 and today reserved.
01112004 D.2 T8/SDH (Robin DCJ) 2 60

1

I will give some brief further reasons. The Court has just given directions to facilitate the hearing of this appeal, perhaps unusual, in the sense that there may be two streams of issues against the possibility that the still self-represented appellant wishes to raise further issues once he has obtained legal advice. The further issues will be the subject of an expedited timetable so that the two streams are brought into harmony.	10
20
I will publish now to the parties some reasons which I prepared, explaining the Court's views as matters stood on the 27th of October this year when Mr Riethmuller was not present. The matter was…