South Burnett Regional Council v The Advertising Place at Pty Ltd

[2010] QPEC 156

[2010] QPEC 156

PLANNING AND ENVIRONMENT COURT

JUDGE RACKEMANN

P & E Appeal No 2509 of 2010

SOUTH BURNETT REGIONAL COUNCIL	Applicant
and
THE ADVERTISING PLACE AT PTY LTD (ACN 135 600 681)	Respondent
and
AUSTRASOFT (NSW) PTY LTD (ACN 089 086 813)	Respondent

and

ZORAN JOVICIC  Respondent

and

BLACKBUTT OASIS             Respondent

BRISBANE

..DATE 05/10/2010

..DAY 1

ORDER

HIS HONOUR:  This matter came on today for the hearing of an application for an interim enforcement order.

The proceedings, although perhaps not well worded, essentially, complain that a use is being conducted before all the conditions of approval have been complied with.

The council's chief concern, in that regard, is said to be its concern that members of the public will be attracted to the use, which is a retail use, while it is in a stage of construction.  Their concern is a public health and safety concern.

It is somewhat difficult to know the extent of that concern, because the material for the applicant council does not descend with any great particularity into the respects in which the conditions are not being met.  That is, it lists the conditions which it says are not being met but not the particulars or the respects in which they are not being met.

Further, the material of the council does not really attempt to give any real explanation of the magnitude of any possible safety risk.  Nevertheless, as I say, in so far as there is any concern, it is a concern in relation to continuing trading during construction.

When the matter came before the Court today Mr Jovicic filed and read an affidavit which deposes to the fact that he has, in fact, ceased trading and he has confirmed that he has no intention of resuming trade until the construction process is complete.  He was prepared to undertake that that would be the case pending any agreement with the council or any order of the Court otherwise.

In those circumstances, it seems unnecessary to make an interim enforcement order and so I will not do so.  However, it is important that the parties have a clear understanding of what it is that the council says needs to be done and the way in which it is to be done.

As appears from the affidavit of Mr Jovicic, he is, presently, at a loss to understand how the council contends that at least some of the conditions have not been complied with.

In those circumstances, I will adjourn the matter to a date to be reviewed and in the meantime have the parties attend upon the ADR Registrar.

...

HIS HONOUR:  I order the parties to attend a without prejudice conference to be chaired by the ADR Registrar on the 14th of October 2010 at Court 6A at 9 a.m. and I'll set the matter down for further review before me on the 14th of October not before 10 a.m.

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