Sandsky Developments v Mackay Regional Council

[2013] QPEC 70

[2013] QPEC 70

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 83 of 2013

SANDSKY DEVELOPMENTS  Appellant

and

MACKAY REGIONAL COUNCIL and ANOTHER      Respondent

BRISBANE

10.42 AM, FRIDAY, 20 SEPTEMBER 2013

JUDGMENT

CATCHWORDS

Appellant development relieved from consequences of non-compliance - Department of Transport and Main Roads incorrectly joined as a respondent - leave to file an amended notice of appeal - Department (having already declined to participate in the appeal) to be given notice of it to comply with the Act.

Sustainable Planning Act 2009 s440, s482

HIS HONOUR: The court makes an order in terms of the initialled draft which is effectively by consent. It is unusual in some respects. It declares to the court’s satisfaction that there’s been substantial compliance with section 482 of the Sustainable Planning Act 2009, any non-compliance with that provision being excused under section 440. The order grants leave to the appellant to file an amended notice of appeal which is to be served on the respondent and the chief Executive of the Department of Transport and Main Roads. That entity was named as a co-respondent when the appeal was commenced and it should not have been, given that the appeal did not involve any issues associated with the Department. Section 482 required, however, that it be given an opportunity to become a co-respondent in the appeal, being alerted to that entitlement by written notice under section 482. As things developed, the Department was served with the appeal proper. The response was advice that the Department of Transport and Main Roads “declines to join the appeal”. This is very much a matter of housekeeping. As things are now being managed, the Department will be given the opportunity that section 482 wanted it to have to elect to co-respond. Order as per initialled draft.

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