Appeal FAQs

 

STAGE 2 EXPANSION – APPEAL FAQs

 

WHAT’S HAPPENED WITH THE EXPANSION?

On 26 June 2019, Logan City Council refused the development application for the proposed Stage 2 expansion of Holmview Central Shopping Centre. The Lancini family company who owns the centre (Landel Pty Ltd) appealed this decision to the Planning and Environment Court in July 2019. You can see a copy of the Notice of Appeal here.

WHAT DOES THE APPEAL MEAN?

This appeal suspends Logan City Council’s refusal, meaning the decision takes no effect at this time. It also invokes the jurisdiction of the Planning and Environment Court (the Court) to take over assessment of the development application and sit in the place of the Council.

So the Court will now independently decide whether the development application should be approved and issue a development permit for Landel to immediately go ahead with its proposal.

SO who is involved?

The Logan City Council is responding to the Appeal, meaning they are defending their refusal.

Two submitter parties have also elected to join,

  • Perpetual Trustee Company Limited as custodian for Dexus Wholesale Property Limited as

Trustee for the Dexus Wholesale Retail Trust, (Owners of Beenleigh Marketplace) who have opposed the development; and

  • A party of local members of the community, who support the proposed development.

You can follow the Appeal, through mandatory documents required to be filed in the Court here: http://apps.courts.qld.gov.au/esearching/FileDetails.aspx?Location=BRISB&Court=DISTR&Filenumber=771/19

SO HOW DOES THE COURT DECIDE THE PROPOSAL NOW?

The Court assesses the application ‘anew’. This means Landel as the appellant with the burden of proof, may present its case again directly to the Court.

Further, as the Court is one of specialist jurisdiction, each party who seeks to raise a certain issue for example, community need, can provide the Court with an independent expert on that issue for the Court’s benefit if they wish. The Court may also hear from lay witnesses (i.e. normal people who are affected by the decision) as to their  views.

The court will decide the application in accordance with the relevant tests under the Planning Act 2016. The Court can decide the Appeal by allowing it, and issuing an approval, or dismissing it, thereby completing the process.

 

The Appeal can however be resolved between the parties by negotiation. With final orders then given to the Court to consider and confirm ‘by consent’. The Court process does require the parties to at least try and resolve issues beforehand if they can. Given this Court’s rules mean the parties are all bearing their own legal costs for the Appeal (regardless of who may win), this is often done.

SO HOW DO I GET INVOLVED IN THE APPEAL?

As noted above, community lay witnesses can give evidence of their views for a development before the Court, You may wish to contact the Division 6 action group and note your interest in being involved further should you wish to do so. You can contact them at Division6actiongroup@gmail.com.

Alternatively, please contact us on info@holmviewcentral.com.au

Please note that you should always obtain your own advice in relation to any legal proceeding.