Copley v Beaudesert Shire Council & Ors [1993] QPEC 79

i. / I-· • - I I TRANSCRIPT OF PROCEEDINGS (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau.) · -----·---··- :· -:-,-::· :-:~; ::su::::c PLANNING AND ENVIRONMENT COURT JUDGE ROW P & E Appeal No 239 of 1993 GREGORY CHARLES COPLEY and BEAUDESERT SHIRE COUNCIL and XYZ TIMESHARE CORPORATION PTY LTD AND ANOR BRISBANE .. DATE 01/10/93 JUDGMENT 1 Appellant Respondent Respondents by election JUDGMENT -- 1 of 5 -- 011093 HIS HONOUR: The appellant seeks an order for further and better discovery against the respondent. The particulars of the discovery sought are set out in paragraphs 1, 2 and 3 of the application and identified in the affidavit of the appellant. The appeal before the Court is by an objector against a decision of the respondent to approve subject to certain conditions to re-zone the subject land to Residential Low Density. Under the planning scheme for the Shire of Beaudesert, there are a number of categories of residential zonings, including Residential Low Density, Residential "A" and Residential "B". As is mentioned above, the application and the appeal relates to land which is approved to be included in the Residential Low Density zone. The further and better discovery seeks orders in relation to approvals relevant not only to land proposed to be included in the Residential Low Density but also in the Residential "A" and Residential "B" zones. I am satisfied that decisions of the respondent in relation to the inclusion of land within the Residential "A" and Residential "B" zones are of no relevance. This is particularly fortified when one has regard to the • various intents of the zones abovementioned as set out in the planning scheme. The planning scheme allows for a variety of densities for residential development in the various residential zones. In the Residential Low Density zone large allotments, ranging from 2,500 square metres to 5,900 square metres are intended whereas in the Residential "A" zone the allotments 2 JUDGMENT 10 20 30 40 50 60 -- 2 of 5 -- 011093 generally are said to be about 600 to 700 square metres in area and cater basically for predominant residential single unit development. In that zone accommodation units and multipl~ dwellings are prohibited. In the Residential "B" zone provision is made for accommodation units, duplex dwellings and multiple dwellings. The affidavit of the appellant and the various letters annexed thereto indicate that discovery was sought in relation to the Residential "A" and Residential "B" zones and not any corresponding Rural Residential zone. In those circumstances I refuse the order for further and better discovery in relation to paragraph 2 of this application. Paragraph 3 seeks discovery of the results of a questionnaire which was made by the respondent and returnable to the respondent on 20 June 1991. The questionnaire apparently sought residents' opinions and desires on the development of the northern region of the Shire of Beaudesert. No draft strategic plan or no draft revision of the existing strategic plan or existing planning scheme has been prepared nor have such documents been put on exhibition. In those circumstances, the questionnaire's responses and any analysis of those responses is not a relevant consideration on the hearing of the appeal. In paragraph 1 of the application, further discovery is sought in relation to Residential Low Density zonings which 3 JUDGMENT 10 20 30 40 50 60 -- 3 of 5 -- 011093 have been approved by the respondent since January 1990. As the application relates to a decision of the respondent to re - zone the subject land to Residential Low Density, I am satisfied that other decisions made by the respondent may be relevant and may lead the appellant to a train of inquiry which may assist his case or prejudice or damage the case of the respondent. The date selected is January 1990. It appears to be based on the fact that in material which is in the possession of the appellant, there has been an indication that, since the local government elections held in March 1991, there has been an increase in approvals for residential development within the northern part of the Shire. The date of January -- 1990 was selected by the appellant so as to provide some comparison between those approvals which were granted for a period prior to the present administration and subsequent. I think the reasonable date to take into account for such rezonings is as from the March 1991 elections. The area sought is described as Divisions 4, 5 and 6 of the Shire of Beaudesert. Exhibit "AA" shows that that is quite an extensive area and, in my opinion, is -far too wide for the purposes of discovery of matters which may be relevant in relation to land involving the subject land which is situated within Division 5. A map showing a five kilometre radius from the subject site has been produced (Exhibit "BB') . It is noted that area does not extend in its westerly direction to what appears to be a 4 JUDGMENT 10 20 30 40 50 60 -- 4 of 5 -- \ 011093 form of residential development that has occurred in that location. I am satisfied that a six kilometre radius would be adequate and proper in all the circumstances. HIS HONOUR: I order that the respondent within seven days from the date hereof provide further and better discovery in relation to those approvals by the respondent since 23 March 1991 in relation to the re-zoning of land into the Residential Low Density zone within a six kilometre radius of the subject land. I dismiss the application in relation to paragraphs 2 and 3 of the application. 5 JUDGMENT 10 20 30 40 50 60 -- 5 of 5 --