Tanner v Moreton Bay Regional Council

[2011] QPEC 7

[2011] QPEC 7

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 2987 of 2010

ANDREW TANNER	Appellant
and
MORETON BAY REGIONAL COUNCIL & ORS	Respondent

BRISBANE

..DATE 16/02/2011

..DAY 1

ORDER

CATCHWORDS

Sustainable Planning Act 2009 s 482
Integrated Planning Act 1997 s 4.1.41

Respondent Council assists unrepresented appellant to establish service of notice of appeal on those entitled to get it - court declares the requirement complied with - Council ascertains that one submitter, who may not have been served, has no interest in the appeal

HIS HONOUR:  The Court makes an order in terms of the initialled draft which establishes directions for the future conduct of the appeal.

The appellant is self-represented but unable to attend today.  He has engaged the services for today only of ClarkeKann Solicitors.  It is worth noting the acceptance by all other parties that the firm's involvement is for today only.

The draft order signed shows deletion of the Court's reciting its satisfaction with what has been done in relation to public notification of the development application.  It seems that there may be issues in that regard which have not emerged today.  The Court's satisfaction with the appellant's compliance with requirements for service of notice of the appeal is noted.

The appellant has been assisted by the activities of Mr Dillon, the solicitor representing the Council. He has filled some gaps attributable to inadvertent omissions from what otherwise would have been the exhibits to Mr Tanner's affidavit and, in that way, enabled the Court to be satisfied that requirements as to service of notice of the appeal under s 482 of the Sustainable Planning Act 2009 (formerly s 4.1.41 of the Integrated Planning Act 1997) have been attended to, although the appellant's affidavit strictly does not establish it.

There is an exception to that in relation to a Mr Pennicott who was a submitter.  Mr Dillon has contacted him and received an assurance from him that he has no interest in the appeal.

Order as per initialled draft.

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