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    Coat of ArmsMedia Release
    Minister for Infrastructure and Planning
    The Honourable Stirling Hinchliffe

    Minister to appeal Supreme Court decision

    Minister for Infrastructure and Planning
    The Honourable Stirling Hinchliffe

    Friday, December 04, 2009

    Minister to appeal Supreme Court decision

    Infrastructure and Planning Minister Stirling Hinchliffe will appeal the Brisbane Supreme Court’s decision to set aside a ministerial call-in.

    “I have instructed Crown Law to lodge an appeal against the recent Supreme Court decision to over rule the Mackay call in,” Mr Hinchliffe said.

    “The Supreme Court decision (24 November) was based on procedural fairness issues and not the correctness or merits of my decision to call-in the development application.

    “This is the first decision of its kind by a Supreme Court.

    “There is no explicit requirement under the Integrated Planning Act 1997 for applicants or submitters to be advised that the Minister is considering calling in a development application.

    “For this reason, I will be appealing the Supreme Court decision.”

    Mr Hinchliffe said he called-in the application to protect state interests and expedite certainty for all parties.

    Call-in powers afforded to the Planning Minister ensure State interests are not adversely affected by development decisions.

    He said the call-in notice detailed the reasons for the decision.

    The reasons included:

    • the appropriate location of regionally significant retail activity;
    • the operation of a State controlled road; and
    • the supply of good quality agricultural land.

    “It’s important to note council commissioned its own study which recommended that the development was premature for the area and could have significant negative economic impacts for the Mackay Region,’’ Mr Hinchliffe said.

    “Council went against the recommendations of its own planning committee and approved the development.’’

    The State Government is also considering legal advice on the Supreme Court ruling including possible changes to the legislation to clarify this issue.

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