Court Proceedings

Leighton Properties (Brisbane) Pty Ltd -v- Noosa Shire Council & Ors, Planning and Environment Court Appeal No. 3651 of 2000, 21st June 2001 – Detailed assessment of flora issues on Lot 1 RP136508 and Lots 1 & 2 GTP103170, Bayview Road, Noosa Heads.

A Development Application (DA) was lodged with Noosa Shire Council in October 1999 for Development Permits for a Material Change of Use and Reconfiguration of a Lot, and preliminary approval for building work on land described as Lot1 RP136508 and Lots 1 & 2 GTP103170, Bayview Road, Noosa Heads. The DA was refused by Noosa Shire Council and Leighton Properties appealed the decision in the Queensland Planning and Environment Court.

James Warren was engaged by Leighton Properties (Brisbane) Pty Ltd to appear as an expert witness during the appeal in the Planning and Environment Court. James presented a detailed assessment of the flora issues relating to the subject site and the potential impacts. A Court Order approving the development was handed down on the 21st June 2001.

Shannon Pacific Pty Ltd v Minister for Planning – [2007] NSWLEC 669. Shannon Pacific Pty Ltd lodged an appeal against the refusal by the NSW Minister for Planning of a development application to subdivide lot 4 DP1022342, New Entrance Road, South West Rocks. Among the matters of contention in the appeal was the impact of the proposed Caravan Park, on a SEPP 14 wetlands situated to the east of the development area. James provided expert witness as to the current conservation status of the wetland and the impact of the development.

Forrester Residential Developments P/L v Maroochy Shire Council & Anor, Planning and Environment Court Appeal No. 3649 of 2001, 7th May 2002 – Ecological Assessment of Peregian Springs development site being part of Lot 5002 SP133168 and Lots 2 & 3 SP125259, Peregian Springs.

An application for preliminary approval of a reconfiguration of an area of land located at Peregian was lodged with Maroochy Shire Council. The application was refused and Forrester Residential Developments P/L appealed against the decision in the Queensland Planning and Environment Court in July of 2001.

James Warren was engaged by Forrester Residential Developments P/L to appear as an expert witness. He presented a detailed ecological assessment of the subject area and addressed the issues in dispute, including the occurrence of significant flora and fauna species and the potential impacts on those species. A court order approving the development was delivered on the 7th May 2002.

Titanium Enterprises –v- Caloundra City Council & Environmental Protection Agency, Planning and Environment Court Appeal (Maroochydore) No. D423 – 2005, 10th October 2006 – Lot 65 SP166661, Mahogany Drive, Caloundra.

Titanium lodged an application with Caloundra City Council for preliminary and development approvals for a material change of use, and for a reconfiguration of lot Lot 65 on SP 166661, County of Canning, Parish of Bribie in September 2004. The Development Application (DA) was refused by Council and Titanium Enterprises appealed the decision in the Environment and Planning Court of Queensland.

Titanium Enterprises engaged James Warren to appear as an expert witness during the appeal. A comprehensive report on the flora and fauna issues relating to the subject site was presented by James Warren. This report included an assessment of the environmental values of the land and outlined the potential impacts on those values as a result of the development.