Tremellen & Tremellen v Southern Downs Regional Council

The Tremellens, as applicants, sought an extension of the designated period to submit a plan for reconfiguring a lot in Stanthorpe, Queensland, which had previously received development approval. The Southern Downs Regional Council, as the first respondent, opposed the application. The matter was heard in the Queensland Planning and Environment Court. The applicants needed to decide whether the court would grant an extension for the delivery of a plan for the reconfiguration of the lot, considering the relevant statutory provisions and precedents.

The court examined the Integrated Planning Act 1997 and Sustainable Planning Act 2009, specifically sections 3.5.21(2)(b), 3.7.2(2), 4.1.5A, 4.1.21, 818(2), 818(3), 820(1) and 820(3). The court also considered precedents such as Flamingo Enterprises Proprietary Limited v Sunshine Coast Regional Council, Maryborough Investments Proprietary Limited v Fraser Coast Regional Council and Another, and Woolworths Limited v Maryborough City Council. The applicants argued that the extension was necessary due to circumstances beyond their control and the council contended that the applicants had not demonstrated sufficient cause for the delay.

The court found that the applicants had not demonstrated sufficient cause for the delay in delivering the plan for the reconfiguration. The court noted that the applicants had not taken reasonable steps to prepare the plan within the designated period, and that the delay had caused inconvenience to the council and the community. The court held that the application for an extension of time should be dismissed. However, the court recognised that the applicants had made some efforts to prepare the plan and granted an extension to 25 June 2010, but not as far back as the applicants had requested.

The court ordered that the time to deliver a plan for the reconfiguration of the lot to the Southern Downs Regional Council be extended to 25 June 2010. The applicants were also ordered to pay the council's costs of the application.