Grosser v Council of the City of Gold Coast [2001] QCA 423
[2001] QCA 423
Court of Appeal (Qld)|2001-10-09|Before: Thomas and Williams JJA, White JSeparate reasons for judgment of each, member of the court, each concurring as to the orders made
Thomas and Williams JJA, White JSeparate reasons for judgment of each, member of the court, each concurring as to the orders made
Catchwords
LOCAL GOVERNMENT – TOWN PLANNING – CONSENT AND APPROVAL OF
COUNCILS (DEVELOPMENT AND LIKE APPLICATIONS) – PERMITTED
OR PROHIBITED
USES AND RELATED RESTRICTIONS – PURPOSES FOR WHICH BUILDING OR LAND MAY BE
Source
Original judgment source is linked above.
Catchwords
LOCAL GOVERNMENT – TOWN PLANNING – CONSENT AND APPROVAL OFCOUNCILS (DEVELOPMENT AND LIKE APPLICATIONS) – PERMITTEDOR PROHIBITEDUSES AND RELATED RESTRICTIONS – PURPOSES FOR WHICH BUILDING OR LAND MAY BEUSED - appeal against approval ofapplication for material change of land use– where lands subject to Transitional Town Planning Scheme – whereconflictsbetween proposed uses and the Strategic Plan – whether error oflaw or jurisdiction in approving material change of use –where judge atfirst instance applied wrong test in making determination – whetherjurisdiction exceeded by commenting on appropriatenessofschemeIntegrated Planning Act (Qld) 1997 s 4.1.5.2, s 4.1.56(2),s 4.3.11, s 6.1.1, s 6.1.2, s 6.1.3, s 6.1.29(3), s 6.1.30(3)(a), s17.1.2.3Local Government (Planning and Environment) Act 1990 (Qld) s4.3, s 4.4(5A), s 4.5Ampol Petroleum (Qld) Pty Ltd v Pine River ShireCouncil [1989] QPLR 133, consideredBeck v Council of the Shire of
Atherton [1991] QPLR 56, consideredBrazier v Brisbane City
Council (1972) 26 LGRA 322, consideredBullock v Hervey Bay Town
Council [1983] QPLR 98, consideredCherrabun Pty Ltd v Brisbane City
Council [1985] QPLR 205, consideredElan Capital Corporation Pty Ltd v
Brisbane City Council [1990] QPLR 209, consideredHarburg Investments
Pty Ltd v Brisbane City Council & Ecovale Pty Ltd, DC No 2163 of
1999, 5 May, 2000, consideredHolts Hill Quarries Pty Ltd v Gold Coast
City Council [2000] QCA 268, Appeal No 7006 of 1999, 14 July 2000,
consideredIndooroopilly Golf Club v Brisbane City Council [1982] QPLR
13, distinguishedPacific Exchange Corporation Pty Ltd v Gold Coast City
Council [1998] QPLR 335, consideredPlafaire Projects Australian Pty
Ltd v Council of the Shire of Maroochy [1991] QPLR 87,
distinguishedSheezel & Anor v. Noosa Shire Council [1980] QPLR
130, consideredVynotas Pty Ltd v Brisbane City Council [2001] QCA 24,
Appeal No 7848 of 2000, 13 February 2001
[2001] QCA 24
(2001) 112 LGERA 206, considered
Judgment (17 paragraphs)
[1]
LOCAL GOVERNMENT - TOWN PLANNING - CONSENT AND APPROVAL OF COUNCILS (DEVELOPMENT AND LIKE APPLICATIONS) - PERMITTED OR PROHIBITED USES AND RELATED RESTRICTIONS - PURPOSES FOR WHICH BUILDING OR LAND MAY BE USED - appeal against approval of application for material change of land use - where lands subject to Transitional Town Planning Scheme - where conflicts between proposed uses and the Strategic Plan - whether error of law or jurisdiction in approving material change of use - where judge at first instance applied wrong test in making determination - whether jurisdiction exceeded by commenting on appropriateness of scheme
[2]
Integrated Planning Act (Qld) 1997 s 4.1.5.2, s 4.1.56(2),
[3]
s 4.3.11, s 6.1.1, s 6.1.2, s 6.1.3, s 6.1.29(3), s 6.1.30(3)(a),
[4]
Local Government (Planning and Environment) Act 1990 (Qld) s 4.3, s 4.4(5A), s 4.5
[5]
Ampol Petroleum (Qld) Pty Ltd v Pine River Shire Council[1989] QPLR 133, considered
[6]
Beck v Council of the Shire of Atherton[1991] QPLR 56, considered