Wales Bus Service Pty Ltd v Hervey Bay City Council

[2006] QPEC 80

[2006] QPEC 080

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 425 of 2006

WALES BUS SERVICE PTY LTD         Appellant

and

HERVEY BAY CITY COUNCIL           Respondent

BRISBANE

..DATE 26/05/2006

ORDER

CATCHWORDS: Integrated Planning Act 1997 s 4.1.47(2) where respondent Council consented, Court allowed development to start before appeal about proper amount of contributions under the Council's transport infrastructure policy was decided.

HIS HONOUR:  This matter is not contentious between the parties and the Court should respect that, also having regard to its own duty to serve the public interest. 

The appeal relates to a condition imposed in the development approval for a material change of use to light industry. 

The only matter concerned in the appeal is what ought to be the contributions required by a condition of the approval under the Council's transport infrastructure policy.  The amount in issue can not be quantified but, as Mr Connor says, it is substantial enough to induce the appellant to come to the Court. 

It indicates a preparedness to pay whatever charge may come to be set in the appeal and the Council, through Mr Connor, indicate they have no concerns about the Court acting under section 4.1.47(2) of The Integrated Planning Act 1997 to allow the approved development to start before the appeal is decided.

I will order in terms of the initialled draft giving effect to that determination.

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