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Agset Pty Ltd v Gold Coast City Council [1992] QPEC 64

Case law · Queensland · 1992
f> a.£" 6iol.{ 'Cib'f- State Reporting Bureau ~----------------------------------------~---------------------------------------- ) TRANSCRIPT OF PROCEEDINGS (Copyright in this transcript is Yested in the Crown. Copies thereof must not be made or sold "ithout the "Titten authority of the Director, State Reporting Bureau.) PLANNING AND ENVIRONMENT COURT JUDGE ROW REVlSED CC)F;ES !2SUED Sta'.e Report:ng Bu~eau Date~/ ) P & E No 163 of 1991 AGSET PTY LTD Appellant ) ) and GOLD COAST CITY COUNCIL BRISBANE .. DATE 27 /08/92 .. DAY 1 JUDGMENT Respondent 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 227 4360. Facsimile: (07) 227 5532 -- 1 of 2 -- 270892 D.1 HIS HONOUR: Application is made to the Court to amend the application for rezoning by adding to the name of the special facilities' zone the words, "and manager's unit". The material submitted on behalf of the appellant is such that I find that the amendment does not make any alteration to the nature of the development. The application in fact refers to the proposed provision of a manager's unit and such is indicated on the drawings that accompanied the application and in the reports in relation to the application. The inclusion of the manager's unit is referred to in the report of the respondent (Exhibit B to the affidavit of Ms Arnold filed on 21 August 1992). I am satisfied that no person would be prejudiced by such amendment. 10 20 30 The amendment makes no alterations to the proposed development and is indicated on the plans that accomp:mied the application which were available for public inspection. I grant leave to amend the application by inserting after the words "tourist 40 accommodation, ancillary dining, conference and recreational facilities", the words "and manager's unit" as the description of the special facilities zone. I further direct that there is no necessity to readvertise the amended application. Order as per draft initialled by me and placed with the papers. 2 JUDGMENT 50 60 ( C -- 2 of 2 --