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Tolocorp Pty Ltd v Noosa Shire Council [2007] QCA 33
JUDGE(S):
McMurdo P, Mackenzie J, Fryberg J
DELIVERED ON:
09 February 2007
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Editorial Notes
Published Case Name:
Tolocorp Pty Ltd v Noosa Shire Council & Anor
Shortened Case Name:
Tolocorp Pty Ltd v Noosa Shire Council
MNC:
[2007] QCA 33
Court:
QCA
Judge(s):
McMurdo P, Mackenzie J, Fryberg J
Date:
09 Feb 2007
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QPEC 33
26 Apr 2006
Application to P&E Court against decision of Council that development application under the IPA was prohibited under the Regional Plan and therefore refusing to assess it; Tolocorp's development application to the Council was for subdivision for rural and residential purposes on land zoned for rural residential purposes under s 5(3)(d)(i) of the regional plan; the development application was "properly made" for the purposes of s 3.2.1(7)(f) IPA: A Wilson J.
Primary Judgment
[2006] QPEC 84
08 Aug 2006
Declaratory relief against the Council compelling it to continue to assess development application pending determination of appeal to the Court of Appeal: A Wilson J.
Appeal Determined (QCA)
[2007] QCA 33 (2007) 150 LGERA 303
09 Feb 2007
Application for leave to appeal from P&E Court pursuant to IPA dismissed with costs; whether an application to develop land was a properly made application under s 3.2.1(7)(f) IPA; unpersuaded that it was correct in this case for the Assessment Manager to refuse to treat the application as a properly made application at the outset: McMurdo P, Mackenzie and Fryberg JJ (Fryberg J dissenting finding Tolocorp's land was not zoned for purposes that are predominantly residential purposes).
Appeal Status
Appeal Determined (QCA)
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