Planning & Environment Court of Queensland
PLANNING & ENVIRONMENT COURT OF QUEENSLAND CITATION: Bundaberg City Council v Burnett Shire Council & Anor [2004] QPEC 004 PARTIES: BUNDABERG CITY COUNCIL Appellant v BURNETT SHIRE COUNCIL Respondent And ARTHUR SETH PARKER and others Co-Respondents FILE NO: DIVISION: Planning & Environment PROCEEDING: Appeal ORIGINATING COURT: DELIVERED ON: 10 March 2004 DELIVERED AT: Brisbane HEARING DATES: 2,3,4,5,6,10,11 February 2004 JUDGE: Skoien SJDC ORDER: Appeal to be allowed; adjourn to allow conditions to be agreed CATCHWORDS: Construction of sanitary landfill; amenity, loss of agricultural land; flora and fauna, community well-being COUNSEL: Mr S. Ure for appellant Mr M. Hinson SC for respondent Co-respondents in person, unrepresented. SOLICITORS: Baker, O’Brien & Toll for appellants Conner O’Meara for respondent Background [1] This is an appeal by the Bundaberg City Council against the refusal by the Burnett Shire Council of an application for a development permit for a material change of use to allow the use of land for a regional municipal sanitary landfill, and preliminary approvals for associated building work and operational works. 2 3 The Site [2] The site is on the western side of the Isis Highway, some 20 kilometres south of the Bundaberg CBD and 10 kilometres south of the Bundaberg City boundary in the Burnett Shire. It contains 83 hectares and is zoned Rural under the Burnett Shire Planning Scheme. Until a few years ago, part of the site (about 40 hectares) was used for sugar cane cultivation. The balance of the site contains some 36 hectares of remnant vegetation and about seven hectares of non-remnant vegetation.
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