2020-02-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               11 FEBRUARY 2020


    The nomination of experts and the joint meetings of experts
    The legal representatives participating in a without prejudice case management conference
    The parties participating in a without prejudice mediation before the Alternative Dispute
      Resolution Planning & Environment Court Registrar.
Initially experts are identified, retained and briefed and then they are nominated to give evidence
in the appeal. Each party is permitted to engage one expert in relation to each field of expertise.
The experts are required to participate in a joint meeting process to prepare a joint report for the
Court. Experts have an overriding duty to the court and cannot be influenced by their instructing
party as to which opinions they should accept or reject.
As well as hearing and deciding appeals on decisions arising from development applications, the
Planning and Environment Court also has the jurisdiction to hear and decide:
    Appeals about infrastructure charges;
    Appeals against decisions on compensation claims – for example, for a claim about rezoning
      of land;
    Appeals from decisions of the Development Tribunal;
    Appeals against Enforcement Notices issued for breaches of a development approval or
      Planning Scheme requirement;
    Applications for enforcement orders to remedy or restrain the commission of a development
      offence;
    Applications for declarations.
The court may award costs against a party in certain situations, including:
    when a party fails to comply with a directions order without a good reason;
    in a procedural default;
    when a party acts frivolously or vexatiously.
Some limited planning matters may be heard by the Development Tribunal including applications
for dwelling houses and sheds that require development approval under The Noosa Plan. Tribunals
are established from a pool of appointed referees, that includes building designers, private building
certifiers, town planning consultants etc. Parties to appeals to the tribunal are not allowed legal
representation at tribunal hearings, with hearings conducted in an informal manner often at the
subject site.
2.    History of Planning Appeals

Since March 2016, there have been a total of 34 appeals to the Planning & Environment Court in
respect to development applications that are now finalised. Of these 34 appeals, 7 matters
proceeded to trial and Council was successful in defending its decision in all 7 cases. 17 appeals
were settled after amended plans were provided by the applicant or agreement reached on
amended conditions, with 10 appeals withdrawn. No appeal that proceeded to trial was lost by
Council.
In practice, many applicants will lodge an appeal to protect their rights and seek advice on their
prospects in a court appeal. Quite a few appeals are withdrawn by appellants if they receive
advice that their prospects of success in the Planning and Environment Court are low (i.e. the Court
will be likely to uphold Council’s decision).




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