Queensland’s minister for planning and infrastructure, Stirling Hinchliffe, will appeal a landmark ruling in which his decision to “call in” a developer’s application was deemed unlawful by a Brisbane Supreme Court judge.
Developer Laurence Lancini was proposing to create 38,000sqm centre selling furniture and electrical goods on the corner of Mackay-Bucasia and Holts roads.
However, the application stalled when Hinchliffe called in the proposal on 26 October 2009.
The minister is now under scrutiny after correspondence between him and an acquaintance, Mark Stockwell, who is also a rival developer of Lancini, was discovered in which Stockwell requested the minister call in the project.
The Supreme Court decision was handed down after Lancini successfully argued his firm was not given the chance to respond to criticisms of the proposal.
Hinchliffe argued that the development was premature for the area and could have an adverse affect on the local economy by forcing smaller retailers out of business.
“I have instructed Crown Law to lodge an appeal against the recent Supreme Court decision to over rule the Mackay call in,” 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.”
“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.
