Skip to the record
Trusted by locals. Built for Noosa.

Original source · versioned page text

SCRC & Applicant ELO 22Oct2013 (PAE00297940)

of 2

Page text shows just the words. Original shows the document exactly as it was published.

                                                                                                  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
Log in to download the original file

SCRC & Applicant ELO 22Oct2013 (PAE00297940).pdf · 205 KB (small file)

Searchable page text hides email addresses. Original files are unchanged and may show email addresses.

Full text of the other 1 page

Page 2

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]




                                                                                                        Page 2

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.