Telstra Corporation Ltd v Gladstone Regional Council

[2009] QPEC 17

[2009] QPEC 17

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & Appeal No 3423 of 2008

TELSTRA CORPORATION LIMITED	Appellant
and
GLADSTONE REGIONAL COUNCIL	Respondent

BRISBANE

..DATE 12/03/2009

ORDER

CATCHWORDS: Integrated Planning Act 1997 s4.1.5A, s4.1.55 - directions in developer appeal to accommodate late notification of it to one couple among 14 who lodged submissions who had inadvertently been over looked.

HIS HONOUR:  The Court has made an order in terms of an initialled draft giving directions for the conduct of this appeal.  What's special about it is the provision made for the giving of a notice of the appeal to submitters S and A Blyde of 66 Gretel Drive, Gladstone.

Their adverse submission against the appellant's development application which the respondent Council rejected was one of 14 in the office of the appellant's solicitors.  Through some oversight. although notice of the appeal was given to those who lodged the other 13 adverse submissions, none of whom has elected to join the appeal, the Blydes were overlooked.  So far as is known they are still unaware of the appeal.  The directions have been formulated so as to accommodate the possibility that when they learn of the appeal they will wish to take part.  They will be notified of the appeal forthwith.

In form, Mr O'Brien's application seeks relief for his client under section 4.1.5A of the Integrated Planning Act of 1997. It seems to me that really what's required is an extension of time to complete notification of the submitters under section 4.1.55. The draft order which I've initialled indicates that that's the means of overcoming the non-compliance with IPA requirements excused under section 4.1.5A.

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