In the case Gladstone Regional Council v Motolake Pty Ltd [2024] QPEC 41, the Gladstone Regional Council appealed against a decision made by the Development Tribunal concerning a development application for land owned by Motolake Pty Ltd. The initial application sought a development permit for a material change of use for a dwelling house. The Council granted preliminary approval rather than the requested development permit, prompting Motolake Pty Ltd to appeal to the Development Tribunal. The Tribunal subsequently issued a different decision, granting a development permit with specific conditions. The Council contested this decision, arguing that the Tribunal had exceeded its jurisdiction by considering post-hearing submissions and amended plans that were not part of the original application assessed by the Council. The Planning and Environment Court found that the Tribunal had indeed erred by conducting a re-evaluation instead of a reconsideration of the original evidence. This was deemed a jurisdictional error, leading to the Tribunal’s decision being set aside and the matter remitted back to the Tribunal for reconsideration. Each party was ordered to bear their own costs.
Full text: https://www.sclqld.org.au/caselaw/148923