QLD Objection to Amended Subdivision Application Submitted to Council

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

WendyT

Active Member
27 August 2014
7
0
31
A friend has objected to a subdivision application over land adjacent to her property. The original application has been refused by the local council. Now an amended application has been submitted to council. Does she have the right to object to that too? Can't get a straight answer from the council. Thank you
 

rebeccag

Well-Known Member
8 April 2014
147
35
514
Hi @WendyT
Which Council is it? Does she still have an objection to the amended application that was submitted to council?
 

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
Hi WendyT,

I see no reason why your friend can't further object to the amended application. An amended application includes information or excludes information that may negate an original objection. Therefore, submitting your objection again and explaining why the amendment still does not address your concerns and why your original concern remains is valuable information for the council. However, if the amendment is on something trivial such as a spelling mistake or matter unrelated to your original objection, and the provision raising your original objection remains, there wouldn't be much need to object again unless the original objection is only tried to one application reference and the amendment voided the old reference and created a new application.
 

WendyT

Active Member
27 August 2014
7
0
31
Hi WendyT,

I see no reason why your friend can't further object to the amended application. An amended application includes information or excludes information that may negate an original objection. Therefore, submitting your objection again and explaining why the amendment still does not address your concerns and why your original concern remains is valuable information for the council. However, if the amendment is on something trivial such as a spelling mistake or matter unrelated to your original objection, and the provision raising your original objection remains, there wouldn't be much need to object again unless the original objection is only tried to one application reference and the amendment voided the old reference and created a new application.
Yay! Thanks so much, Sarah J. That was my feeling about it too. Very kind of you to respond, thank you. (smiles and waves)
 

WendyT

Active Member
27 August 2014
7
0
31
Hi @WendyT
Which Council is it? Does she still have an objection to the amended application that was submitted to council?
Hi rebeccag, thanks for your resonse. Yes she does still have an objection to the amended application, I believe she means to submit objection to council, even though the councillor who is chairman of the planning committee told her she was not entitled to. That doesn't seem right to me. Anyway she's going to have a go......These things tend to drag on a bit, but I'll advise here of the eventual outcome, just in case anyone is curious, or it may help someone in the future.