2020-02-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                 11 FEBRUARY 2020



3                        OVERVIEW OF PLANNING APPEALS
DOCUMENT INFORM AT ION




Author                              Manager Development Assessment, Kerri Coyle
                                    Environment & Sustainable Development Department

Index                               ECM/ Subject/ 27.19 - Legal Appeals

Attachments                         Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 February 2020 regarding an update on Planning
Appeals and:
A.                       Request that the Chief Executive Officer write to the Department of State Development,
                         Infrastructure & Planning requesting:
                         1.   A comprehensive review of the current cost provisions of the Planning & Environment
                              Court Act 2016 with a view to including the ability for the Planning & Environment Court
                              to award costs where a development proposal is found to significantly conflict with the
                              Planning Scheme; and
                         2.   A review of the appointment and selection process of referees to support more
                              consistent and rigorous Tribunal decisions.
B.                       Submit a motion to the Local Government of Queensland 2020 conference requesting LGAQ
                         lobby the Department of State Development, Infrastructure & Planning for a comprehensive
                         review of the current cost provisions of the Planning & Environment Court Act 2016 with a
                         view to including the ability for the Planning & Environment Court to award costs where a
                         development proposal is found to significantly conflict with the Planning Scheme.


REPORT
1.                       Planning & Environment Court

Under the Planning & Environment Court Act 2016 applicants and submitters who are not satisfied
by Council’s decision on a development application to either approve the application with
conditions or refuse the application may challenge the decision by filing a Notice of Appeal in the
Planning & Environment Court. Appeals must be lodged within 20 business days after the Decision
Notice is received and there are court fees associated with filing the Notice of Appeal or joining an
appeal.
The Notice of Appeal must set out the grounds upon which the decision is appealed and the relief
sought from the Court. An applicant always has the onus to prove their case, no matter who started
the appeal, though notably this onus rests with Council on appeals lodged against Enforcement
Notices. Once the Notice of Appeal has been filed, within 3 months the parties are required to seek
orders and direction from the Court as to the conduct of the appeal, including obtaining orders
about:
                       Disclosure and the discovery and inspection of documents

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