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) has appealed this decision. This appeal is filed in the Planning and Environment Court. 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 how does the Court decide the proposal now?
The Court assesses the application ‘anew’. This means that all the previous development application material, properly made submissions and all other relevant information is presented to them by Landel as the appellant with the burden of proof.
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 in some manner, usually community members) as to their non-expert 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.
I’ve received a letter about the Appeal. What does it mean?
The Planning Act 2016 gives a right to everyone who made a proper submission during the Public Notification period to elect to join an appeal, once it is filed. As the Appellant, Landel is obligated to notify properly made submitters that this period to elect has commenced and provide them with a copy of the Notice of Appeal. The Council was also obligated to send you a copy of the Decision Notice dated 2 July 2019, which you may have received earlier.
So how do I get involved in the appeal?
Properly made submitters may file a ”Notice of Election” in the approved form with the Planning and Environment Court Registry in Brisbane. The approved form is Form PEC –6 and it is available from the Queensland Courts website.
Alternatively, you may wish to contact the Division 6 action group and note your interest in being involved further. You can contact them at Division6actiongroup@gmail.com
Please note that you should always obtain your own advice in relation to any legal proceeding.