An application pursuant to s 32 of the Planning and Environment Court Act 2016 (Qld) sought an order permitting the applicant to extend the time to file a notice of appeal. The first and second respondents opposed the application.
The first respondent issued show cause and enforcement notices to the second respondent, subsequent to which the second respondent lodged a development application. The applicant made a properly made submission in respect of this development application, however the development application was approved by the first respondent via a Negotiated Decision Notice (‘NDN’).
The NDN allowed for the applicant to file a notice of appeal within 20 days of being given notice of the NDN. The applicant missed the deadline and filed the notice of appeal 8 business days late.
In exercising discretion as to granting an extension, the Court considered the explanation for the delay, the prejudice to the respondents, public interest considerations, the merits of the appeal, and applicable considerations of fairness.
The application was dismissed and the appeal was struck out on the ground that the applicant failed to demonstrate sufficient grounds for an extension of the appeal due to consequential evidentiary omissions from the applicant’s material.
John Ware (with B Job KC) appeared for the applicant, instructed by HopgoodGanim.
The judgment is published here.
