email to mgr re change to DA.msg

Subject: FW: 12 Park Road, Noosa Heads
From: Patrick Murphy
Date: 2022-11-08T02:45:10+00:00
To: Antoinette Becker, Julianne Belsham

FYI

 

From: Michael Connor <[email protected]> 
Sent: Monday, 25 June 2018 5:16 PM
To: Patrick Murphy <[email protected]>
Cc: Kerri Coyle <[email protected]>; Thomas McKeown <[email protected]>
Subject: 12 Park Road, Noosa Heads

 

Patrick,

 

As explained in our telephone discussions today we act for Greg Woolley, who has instructed us to apply to the Planning and Environment Court to change a development approval given by the Council in 2004 and changed by the Planning and Environment Court in November 2017.

 

As you know the development approval is taken to be a development approval under the Planning Act 2016 and section 78 of the Planning Act 2016 deals with the identification of the responsible entity for the making of the change request.  Our client has advised us that the Council thinks the Planning and Environment Court is the responsible entity.  We are not so sure.

 

Attached is a copy of section 78 of the Planning Act 2016.  

 

Section 78(3) deals with when the Court is the entity and section (78)(3)(b)(i) and (iii) are either satisfied (iii) or are matters of evidence (i) for the Court.  Our concern relates to section (78)(3)(b)(ii), as the development approval was not given by an order of the Court.  What the Court decided was the Council’s refusal of a subsequent change application.

 

It follows that if our concerns are correct the Council is the responsible entity, pursuant to section 78(3)(c) of the Planning Act 2016 and the Council has jurisdiction to decide the request to change.

 

Whilst Mr Woolley is only interested in having the changed approved forthwith, we need to satisfy ourselves about the true identity of the responsible entity, for the change to be effective.

 

Could you please advise on an urgent basis whether you agree with our view.  It occurs to us that if we are right about the identity of the responsible entity, the Council has in a practical sense agreed to the cchamge.

 

Regards,  

 

Michael Connor | Partner

Connor O’Meara Solicitors | 

Level 4, 10 Eagle Street, Brisbane 4000

GPO Box 2239, Brisbane  4001

t +61 7 3221 3033 | f +61 7 3221 6661

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