ABC Developmental Learning Centres v Brisbane City Council & Anor [2007] QPEC 122

1 [2007] QPEC 122 DISTRICT COURT CIVIL JURISDICTION JUDGE ROBIN QC P & E Appeal No 200 of 2006 ABC DEVELOPMENTAL LEARNING CENTRES Appellant and BRISBANE CITY COUNCIL Respondent and KEN DREW TOWN PLANNING Co-Respondent BRISBANE ..DATE 07/02/2007 ORDER CATCHWORDS: Integrated Planning Act 1997 - adverse submitter appeal - non compliance by developer with public notification requirements excused - mis-spellings of name of the minor street to which the corner site had a frontage - "idem sonans" rule applied -- 1 of 2 -- 2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: The Court makes an order in terms of the initialled draft containing directions to lead to the hearing of the appeal. The non-compliance with the public notification requirements of the IPA which is excused is of an unusual kind, rendering appropriate use of the "idem sonans" rule, i.e. the pronunciation of words is the same, whichever spelling is adopted. The principal address of the site is 421 Beams Road. It was described in some of the public notification as being located on the corner of that road and Castlegrove Avenue, whereas the correct name of the second street is Carselgrove Avenue. The error was not reflected in advertisements placed on the site. It was corrected by supplementary communications sent to landowners entitled to individual notification, but not in newspaper advertising. There were 51 submissions. It is plainly a case where that minor error should not stand in the way of the appeal proceeding to determination. It is an adverse submitter appeal. ----- -- 2 of 2 --