Pearson v Noosa Shire Council
[2015] QCAT 48
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- Unreported Judgment
- Pearson v Noosa Shire Council[2015] QCAT 48
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Pearson v Noosa Shire Council[2015] QCAT 48
Pearson v Noosa Shire Council[2015] QCAT 48
CITATION: | Pearson v Noosa Shire Council [2015] QCAT 48 |
PARTIES: | Allan John Pearson and Lynette Joy Pearson (Applicant) |
v | |
Noosa Shire Council (Respondent) |
APPLICATION NUMBER: | NDR188-14 |
MATTER TYPE: | Other civil dispute matters |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Member Allen |
DELIVERED ON: | 16 February 2015 |
DELIVERED AT: | Brisbane |
ORDERS MADE: |
|
CATCHWORDS: | TREE DISPUTE – Whether Tribunal has jurisdiction in respect of council road reserve – if Tribunal does not have jurisdiction then the application must be dismissed Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 ss 42, 61 Queensland Civil and Administrative Tribunal Act 2009 s 47 Izard v Cairns Regional Council [2010] QCAT 410 |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
- [1]Mr and Mrs Pearson reside next to an area of land controlled by the Council on which are situated several trees. The Pearson’s allege that the trees pose a high risk in storm season and cause a build up of debris on their roof. They have applied to the Tribunal for an order that the Council remove the trees.[1]
- [2]In their application, Mr and Mrs Pearson described the land the trees are on as a reserve other than a reserve for community purposes, “unused road reserve”. The Council have made a miscellaneous application to dismiss the Pearson’s application on the basis that the trees are located within the road reserve Noosa River esplanade (Road 156) owned by the State of Queensland-Reserve for Road.
- [3]
- [4]Community purposes is defined in Schedule 1 of the Land Act 1994 and includes roads. The land in this case is acknowledged by the Pearson’s in their application as an unused road reserve.
- [5]The Tribunal is satisfied that the land in question is land held by the Council under the Land Act 1994 for community purposes and that as a result the Tribunal does not have jurisdiction to hear the application. Where the Tribunal does not have jurisdiction to hear an application this is grounds to dismiss the application under s 47 of the Queensland Civil and Administrative Tribunal Act 2009[4] on the basis that the application lacks substance.
- [6]The orders of the Tribunal are that:-
- the directions hearings listed at 9:30am on 26 February 2015 is vacated
- the application is dismissed.