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SCRC & Applicant ELO 22Oct2013 (PAE00297940)
Andrew Williams
Robyn Spiller
Lauren Coman
Clare Farley
Kate McLean
Adam Phillips
22 October 2013
Sunshine Coast Regional Council COPY TO:
Locked Bag 72 The Applicant
Sunshine Coast Mail Centre QLD 4560 W Donald Milligan Pty Ltd
C/- Max Watterson and Associates
PO Box 639
COOROY QLD 4563
BY EMAIL: [email protected] E. [email protected]
Dear Sirs
A P P L I C A T I O N M C U 1 2 / 0 1 8 4 & E RA 1 2 / 0 0 8 7 – 1 3 6 TO P F O R E S T R Y RO A D
We advise that we act on behalf of Deborah Hookham, James Bird, Rodney Ritchie and Mark
Desmarchelier.
Each of our clients have provided correspondence to Council by way of submission.
Our clients have been advised that their submissions were not provided during the statutory period but
that Council would consider them in any event. Whilst we appreciate the Council position in that regard
our clients statutory rights in relation to appeals under the legislation would be denied to them in the
event that their submissions were not treated as properly made submissions.
We are writing to Council and the applicant to ask that their submissions be treated as properly made
submissions on the basis of the material set out in their correspondence to Council some extracts of
which are set out below.
"We live directly opposite the proposed site and have never been informed by letter nor seen
signs along the road advising us of this Change of Use/development application." Deborah
Hookham
"We wrote to you on 1 October 2013 to express our concern about the lack of signs on the
applicant's property that would have notified us about the proposed chicken farm about our
inability to submit a properly made submission." James Bird
We are writing at this time prior to a final decision being made to try to avert incurring any unnecessary
costs.
00297741
Individual liability limited by a scheme approved under professional standards legislation
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22 October 2013
We ask that Council and the applicant confirm that they agree to our clients submissions being dealt
with as properly made submissions. If we receive written confirmation to that effect we will take no
further immediate action.
We would then anticipate each of our clients receiving a copy of Council’s decision notice in the ordinary
course of the IDAS process as if they were properly made submitters.
In the event that our clients sought to appeal any decision or elect to become a party to any decision we
would then at an early directions hearing of the Court, seek to have the Court confirm their status as
properly made submitters.
The benefit of this approach is that the assessment process is not now held up as a consequence of
going back to public consultation and the need for our clients to protect their position by filing an
Originating Application seeking that outcome is avoided.
In the event that this course of action is not adopted, we will be taking our clients instructions in relation
to filing an Originating Application in relation to the defects in the public notification process.
We have provided this letter to each Council and the applicant at this time to avoid any party incurring
unnecessary costs.
We look forward to receipt of your response is a matter of priority.
Yours faithfully
Lestar Manning LLB
Director - Maroochydore Office
e [email protected]
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