In the case of Aveo Group Limited v Brisbane City Council [2024] QPEC 40, the applicant, Aveo Group Limited, sought an application for a minor change to a development approval granted by the Planning and Environment Court of Queensland. The application aimed to modify a development approval for a Retirement Facility, involving changes to staging and the design of the buildings among others, without naming or notifying the submitters involved in the original approval as respondents. The Court, presided over by Judge Everson DCJ, dismissed the application. The judgment emphasized the necessity for including submitter appellants as respondents to ensure natural justice and allow those with legitimate interests an opportunity to be heard. The decision reiterated the requirements under the Planning and Environment Court Rules 2018 and demonstrated the Court's discretion to assess all relevant matters. Despite Aveo's argument for discretion under section 37 of the Planning and Environment Court Act 2016 to excuse the non-compliance, the court found insufficient grounds to detach from the established procedural precedent.
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