2018-01-15 GC Agenda - Attachment 1 to Item 6 - P&E Court Appeal 344 of 2009

                                                General Committee Agenda
                                                15 January 2018
                                                                                 ATTACHMENT 1
                                                Attachment 1 to Item 6



In the Planning and Environment                                       Appeal No. 344 of 2009
Court
Held at:    Maroochydore

         Between:          JOHN HOFMANN                                               Appellant

         And               SUNSHINE COAST REGIONAL COUNCIL                        Respondent

         And               CHIEF EXECUTIVE UNDER THE                          Co-Respondent
                           VEGETATION MANAGMENT ACT 1999

Before His Honour Judge Robertson

Date of Hearing:         5 July 2013

Date of Judgment:        5 July 2013




THIS MATTER HAVING on 5 July 2013 come on for hearing by way of appeal from the decision
of the co-respondent to direct the respondent to refuse a development application for a
development permit for reconfiguring a lot (83 lots) (“development application”) for land at 191
Hollett Road, Noosaville and more particularly described as lot 53 SP 163571 (“land the subject
of the development application”)



UPON THE COURT BEING SATISFIED the changes made to the development application the
subject of these proceedings depicted in JFP plan numbered M1775 00 12 E dated 21 June
2012 are minor changes



IT IS ADJUDGED THAT:

1.       The appeal is allowed

2.       The development application is approved subject to the requirements and conditions
         attached

3.       The concurrence agency condition by the chief executive administering the Coastal
         Protection and Management Act 1995 be changed as follows:

         “1. The works must be undertaken in accordance with the plan listed below.
         Plan: Proposal Plan M1775 00 12 E by JFP dated 21 June 2012”




JUDGMENT                                                                       GANTT LEGAL
Filed on behalf of the Appellant                                       Level 22 69 Ann Street
Form PEC-7                                                                 Brisbane Qld 4000
                                                                      Telephone 1300 472 529
                                                                      [email protected]
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