Hi all
I was reading an article in a local paper and found the following:
"Council has voted against the development plan, meaning the application will be decided by the land and environment court."Does this mean that if the land and enviroment court rules that the development is ok, the local council will have to agree and give green light? Does it take a long time to go through land and environment court?
and since local residents and council all object to the development, what's the chance of getting approved?
Thanks
AOHi AO,
The Land and Environment Court, the Planning and Environment Court (different titles in different states) is best known as the final arbitrator when there is a dispute regarding a development application (approval).
It can be triggered by an applicant who lodged the DA application or an objector who doesn't agree with a council decision in regards to an application. If an applicant has a DA refused by council he can appeal the decision and take it to court. If the council grants a DA and an objector disagrees he can take the council to court. In some cased the council and applicant team up against an objector.
In Queensland we sometimes have to publically advertise a DA application (sign on the land, newspaper ad etc) and call for submissions which could be in favour of the application or against it.
My record was an application which drew 153 objections and 311 positive submissions.
Even when you get a DA from council and no objections it's not necessarily the end of matters. I am involved in a $35 million project in north Queensland at present. Even though we had council and state government approval in October 2006 we still had to have it cleared by the Feds ( Department of Environment and Heritage) because of environmental sensitivity. It took 6 months and they could have overuled the council and state government at any time.
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