Posted by: Megan Tilbrook
I read this week that the Deputy Premier and Minister for State Development, Infrastructure and Planning has made a decision to "call in" the proposed $1 billion Jewel development proposed for Surfers Paradise. This is an astonishing turn of events as it essentially means that two valid submitter appeals which were made to the planning and environment court against the Gold Coast City Council's approval will no longer have any effect. Mr Seeney will now make the final decision on the project in accordance his powers under the Sustainable Planning Act 2009. According to the Ministerial Media Statement from 11 July 2012, the aim is to kick start the slumped construction industry on the Coast, and to "ensure applications such as this do not languish or get bogged down in protracted legal proceedings". It is clear the Minister is of the view that some submitter appeals are creating "red tape" for approvals, potentially undermining the important role that members of the community can play in the planning process. The ability to appeal against an impact assessable development is a right that should not be taken away lightly. This is the first time a ministerial "call in" has been made by the Newman Government and will no doubt raise an interesting argument on the competing interests of submitters having their say and the significant delay that can occur as a result of court proceedings brought by submitters. Mr Seeney's decision on the proposed development is expected to occur by early August. The Ministers decision will not be able to be appealed on planning grounds.
