John Ware (led by Damien O’Brien KC) appeared for the first respondent, instructed by HopgoodGanim Lawyers.
This was an application for leave to appeal a decision of the Planning and Environment Court of Queensland, regarding a proposed development in Bilinga, Qld. The grounds of appeal considered by the Court were that the primary judge erred in failing to provide adequate reasons for a finding that the proposed development complied with Specific outcomes 3.3.2.1(9)(b), (c), (e), that the primary judge had erred in failing to determine the reasonable amenity expectations of nearby residents, and that the primary judge erred in failing to provide reasons for his findings at [27] of the judgment. The Court considered the content of the obligation to give reasons generally, and the merits of the specific grounds of appeal. Doyle JA (with Mullins P and Kelly J agreeing) held that leave to appeal be granted, but the appeal be dismissed. The Court ordered the applicants to pay the respondents’ costs of the application for leave, and of the appeal.
The judgment can be read by clicking here
