How to Plan an Environmental Court Appeal

In this video, Samuel Layani, Solicitor at OMB Solicitors, talks about the process of planning an environmental court appeal.

Transcript

Hi, my name is Samuel, and I work here at OMB Solicitors in the litigation department. Today I'm going to explain to you a little bit about the process of Planning and Environment Court appeals.

As we all aware, over the last twelve months there's been a significant growth in the Gulf Coast property and development sector. With this, we have seen numerous conditions that have been imposed by the Gold Coast City Council against developers be either inconsistent with the City plan or alternatively not entertained by a developer.

When you're faced with this, what you're required to do is file a notice of an appeal in the Queensland Planning and Environment Court. This is a specialised court within the court system in Queensland, there are two forms of appeals, there is an applicant appeal, which is a developer and or client who would be making an appeal against a conditions or imposed conditions by the council or alternatively, the council's decision to decline the development application.

An appeal must be made within 20 days of receiving a decision notice. Therefore, it is important that you liaise with your instructing solicitors, OMB Solicitors promptly and other stakeholders being your town planners or other consultant experts that are involved in the planning stages of the development to ensure that you are safeguarded by these limitation periods and that an appeal can be lodged within the required time frame.

Alternatively, you may be a submitter appeal. A submitter appeal is where a neighbour disagrees with the proposed development or alternatively has an issue with the height of the neighbouring development next door.

OMB too act on behalf of submitters to appeals and we are able to assist you with submissions during the appeal process or alternatively act on your behalf in the Planning and Environment Court stages.

In summary, it is important that you get in touch with OMB Solicitors, should you receive an unfavourable decision notice from the council or alternatively a rejection of your development approval.

We'll be able to assist you in assisting you with all stakeholders to the appeal process, as well as filing and lodging an appeal, or alternatively any matters that need to be addressed in the Planning and Environment Court.

Please please contact Samuel Layani at OMB Solicitors for any further information.