The applicants sought review of a decision made by the Deputy Premier to “call-in” a development application made by Wanless Recycling Park Pty Ltd (Wanless). Wanless’ development application was to establish a new resource recovery and landfill facility involving the rehabilitation and reuse of existing mining voids in Ipswich. The third respondent, the Ipswich City Council, approved the resource recovery component but refused the landfill component of the development. Wanless appealed the Council’s partial refusal to the Planning and Environment Court. In the meantime, Wanless took steps to by-pass the appeal process by requesting the relevant Minister to call-in the Wanless development application. Those steps resulted in the decision of the Deputy Premier to call-in the Wanless development application.
The applicants raised five grounds of review: (1) apprehended bias (2) failure to give consideration to representation (3) unreasonableness (4) inadequate reasons (5) human rights.
Freeburn J dismissed the applications.
Sarah Spottiswood (with S Holt KC) appeared for the applicant, instructed by McCullough Robertson.
The judgment is published here.