Strathpine Holdings Pty Ltd v. Pine Rivers Shire Council

[2006] QPEC 105

[2006] QPEC 105

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 4363 of 2005

STRATHPINE HOLDINGS PTY LTD  Appellant
(ACN 112 072 750)

and

PINE RIVERS SHIRE COUNCIL  Respondent

BRISBANE

..DATE 22/09/2006

ORDER

Catchwords
Integrated Planning Act 1997 s 4.1.47(2) - development authorized to proceed notwithstanding that appeal against conditions requiring financial contributions remained unheard - arrangements agreed upon that relevant amounts demanded would be paid to Council to be held in trust if the appeal remained undetermined at the time indicated for payment.

HIS HONOUR: In this matter, the Court is asked to authorise the appellant to commence its development notwithstanding that the appeal is yet to be heard, under s 4.1.47(2) of the Integrated Planning Act 1997.

There is no contest from the respondent Council or the co‑respondent State of Queensland.  What is proposed is a mixed use development containing shops and no doubt other components. 

The mix of uses will determine the amounts the Council requires in respect of the two conditions, the subject of the appeal.  There is a case named Pradella pending in the Court at the moment, the outcome of which may indicate what should be the outcome here.

The appellant, if wholly successful, may be freed of having to pay around $130,000, according to Mr Davis's estimate. 

The parties have agreed on a special provision for inclusion in the draft order, which will require payment of relevant contributions demanded to the Council to be held in trust pending the outcome of the appeal, if it has not been determined at the time when payment would be required otherwise under the conditions set by the Council.  That is an unusual provision, in my experience, but obviously sensible, and provides the Court with a good deal of comfort in

determining to make the order sought as it does.  Order in terms of initialled draft.

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