ERROR: A “glitch” in state planning laws has forced the Lockyer Valley Regional Council to overturn a decision deemed “unlawful”.
ERROR: A “glitch” in state planning laws has forced the Lockyer Valley Regional Council to overturn a decision deemed “unlawful”.

‘Glitch’ forces council to overturn own unlawful decision

A "GLITCH" in state planning laws has forced a council to rescind a resolution it passed due to the decision being deemed "unlawful".

The embarrassing error meant Lockyer Valley Regional councillors had to vote override their own decision made just a month ago.

The error occurred when councillors voted in January to approve a request for a small change to a permit, following negotiation with the developer.

The development permit was for an extension to a poultry farm on Grantham Scrub Road at Veradilla.

The minor change requested by the applicant was regarding the wording of a condition, which required building on the property to be set back by 100m from the road.

The applicant noted an existing building was only setback by 96m, and requested the condition be amended to only affect new structures.

Council officers agreed this was an acceptable change, and councillors approved the change on January 22.

But it was later determined by officers that the mechanism council used to approve the change, a negotiated decision notice, cannot be issued for a minor change application.

This meant the approval was an unlawful decision by council.

A council officer told the meeting the issue was because of a "glitch" in the state legislation which meant the applicant would be forced to go to straight to the planning court to gain the decision.

However, the officer noted the applicant would instead submit a new development application which would include the changed condition, rather than being forced to court.

While council intends to raise this issue with the relevant state minister, Cr Kathy McLean was less than impressed labelling the process a "time consuming farce".

The motion to rescind the resolution passed unanimously.