Submitter appellant concerns

A recent decision of the Planning and Environment Court regarding submitter appeals under the Planning Act 2016 will have flow on implications for the property industry.

The Ayre & Anor v Brisbane City Council & Ors decision has found that a submitter appellant under the Planning Act 2016 must serve a copy of the notice of appeal on all other eligible submitters. Prior to the decision being handed down this requirement was not clear.   This requirement did not exist under the Sustainable Planning Act 2009.

The decision will have implications for submitter appeals under the Planning Act 2016  that have commenced but where the submitter appellant has not served the other eligible submitters. Members who are party to such appeals should seek legal advice as to the best way to address this matter.

Following this decision, the Property Council has made representations to the Minister drawing his attention to the matter and recommending a legislative amendment to resolve the issue. We will update members of any decision or change that may result.

Another important ruling for the property industry’s understanding of the new planning legislation was recently delivering in Jakel Pty Ltd & Ors v Brisbane City Council & Anor. This decision determined that the assessment and decision regime contained in the Planning Act applies to any appeal started after the commencement of the new Act, even if the development application was lodged under the Sustainable Planning Act 2009.

The State Government has moved to establish a planning reform reference group that will meet quarterly with the aim of highlighting teething issues with the new legislation. The Property Council will be represented on this committee.