Super City Plan adopted19 Aug 2016 |
See our website article for further information on what the process has involved to date, and what the Unitary Plan Covers: Super City Plan recommendations may make a political perfect storm.
Some decisions have been slowly made public over the last fortnight. The full decision is due to be made public at 5pm.
Whilst the special legislation under which the Plan has been developed provides limited appeal rights (compared to standard Council plan making processes) it is expected that numerous appeals will be brought against Council’s decisions.
The Plan received over 13,000 submissions, each of which will have the right to appeal on the plan in the following circumstances:
- An Appeal to the Environment Court on a matter addressed in that submission where the Council has not followed the recommendation of the Independent Panel;
- An Appeal to the Environment Court where the Council has adopted a recommendation of the Independent Panel but that matter was beyond the scope of all submissions on the Plan;
- An Appeal to the Environment Court in respect of designations and heritage orders for certain landowners;
- An Appeal to the High Court on a question of law where that matter was raised in that submission and has been adopted by the Council as recommended by the Independent Panel;
- Judicial review lodged contemporaneously with one of the above appeal rights
Environment and High Court appeals are due 20 days after decisions (16 September 2016 if decisions are released today).
In anticipation of an influx of appeals, the Environment Court has made initial Directions that:
- Appeals do not need to be served on all submitters.
- Council can be served electronically with an Appeal.
- 274 notices (to join an appeal) can be filed electronically and need only be served on the appellant and Council.
To understand the Unitary Plan and the Appeal Process further, contact one of our experts in the Environment Planning & Natural Resources Team.
PDF version : Super City Plan adopted