(Rackemann DCJ - 13 March 2014)
Planning and Environment – where the applicant requested a permissible change to a development approval relating to a quarry – where approval is limited by condition to a time about to expire – where applicant will be seeking a substantive extension to the period for which the approval has effect – where applicant sought interim extension of the permit to enable determination of the substantive application for approval
Facts: This was a request by the Applicant for a permissible change to a development approval relating to the Applicant's quarry located in Bundaberg.
The Applicant's existing approval was the subject of a permissible change request to extend the period to which the approval had effect over the quarry for a further five years.
The matter was brought before the Court because the development approval to which the Applicant sought the extension was to expire.
The change sought at the hearing was to extend the period for which the approval had effect, pending the determination of the broader request.
Decision: The Court held, in allowing the change:
- It was unlikely that any person would make a properly made submission objecting to the change if the circumstances allowed that to occur.
- The change would extend the life of the permit, only for so long as was necessary, for the matter to otherwise be determined.
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