Past Court Cases · Healthy Communities

Tamborine planning appeal

29 April, 2005

EDO Qld acted for Friends of Mount Tamborine Association to argue that an appeal by a developer against a refusal for a development on Mount Tamborine should not be permitted to proceed due to a lapse of years since the appeal was initiated. Although the Court ruled the appeal could proceed, some court costs were awarded to our client.

The Association was one of three community associations and 47 individuals to join Beaudesert Shire Council as a party to an appeal by Jimbelung Pty Ltd of Council’s 1998 refusal of its application to build 66 units on Mount Tamborine. The subject land is next to a national park, has conservation value, is steeply sloping and has bushfire issues.

The developer entered negotiations with the Council and took no steps in Court for almost seven years. When an application was made for directions in 2005, the Association successful argued that a formal order of the Court was required to continue with the case. The Association argued in a subsequent hearing that the appeal should be struck out because of the prejudice the delay had caused the co-respondents, and the community expectation for increased environmental protection of the site (as reflected in the then draft Southeast Queensland Regional Plan) compared with 1998 environmental rules.

Judge Wilson decided the appeal should be allowed to proceed, but that the developers must pay our client’s costs of legal preparation and court time arguing about the whether a formal order was needed to proceed with the appeal.