John Ware represented the second and third respondents, instructed by Minter Ellison.
The applicant challenged the validity of the first respondent’s approval of the second respondent’s development application on land located in Upper Mt Gravatt. The first, second and third respondents opposed the relief sought by the applicant.
The applicant’s land constituted ‘excluded premises’ for the purposes of s 51 of the Planning Act 2016 (Qld). As such, the consent of the owner of the applicant’s land was not required and the development application was properly made. The Court rejected the applicant’s submission that the delegate erred in reaching satisfaction under s 51(4) of the Planning Act 2016 (Qld); finding that the delegate had not misdirected herself as to the law, did not err by failing to take into account relevant considerations, and did not err by taking into account irrelevant considerations. The first respondent was not required to reconsider its decision to accept the development application under s 52 of the Planning Act 2016 (Qld). Further, natural justice in relation to the first respondent’s decision to accept a development application under s 51(5) of the Planning Act 2016 (Qld) was excluded.
The applicant was held to not be entitled to the declarations it sought. The originating application was dismissed, and the parties will be heard as to costs.
The judgment can be read by clicking here
