In the Planning and Environment Court                        No129/25

Held at:  MAROOCHYDORE 

Between:    Mark and Julianne Grunske            Appellant

And:            Fraser Coast Regional Council       Respondent

 

AFFIDAVIT

I Warren Bolton of 558 Mooloo Road Mooloo Queensland 4570, under affirmation say:

1.          

My involvement in local government commenced in 1966 with employment with the Pioneer Shire Council.

2.          

During the period 1986 to 2006 I was the sole proprietary of a company, Warren Bolton Consulting PL who delivered specialist services to clients including managing development applications to local governments and representing clients in the planning environment court.

3.          

In 2007 while an employee of the Department of local government I acted as a referee in the then Building Tribunal, managed by the Department and then overseed infrastructure works projects, partially funding under the auspices of the Majors Grants Program, administered by the Department of Sport, for sporting clubs, Local Governments and community organizations, throughout Queensland. I retired in 2009.

4.          

In February 2024 Mark and Julianne Grunske sought my assistance by managing their development application, RAL21/0138, lodged with the Fraser Coast Regional Council (Council) on 6 December 2021.

The development application was for a parcel of land in Tuan.

The land had many constraints, 5 planning scheme Overlays and 2 State government codes.

5.          

On 21 February 2025 Council issued:

·         Development permit RAL21/0138; and

·         Infrastructure Charge Notice No.5138178 (Notice)

6.          

On 9 April 2025 I made Representation to Council in relation to the Notice and seeking an opportunity to discuss the matter.

7.          

On 11 June 2025 at SPECIAL MEETING NO. 2/25 Council adopted a new Charge Resolution effective from 1 September 2025. The new resolution significantly restructures Table A and B of Schedule 1 of the then existing Charge Resolution.

8.          

On 17 June 2025 Council responded, declining my request for a meeting and issued a decision notice supporting the initial Notice.

9.          

On 12 July 2025 I completed a designated website to contain all the materials relevant to supporting an Appeal to the Development Tribunal. (Tribunal). The website https://tuanqld.site/dt/dt.html contains my original electronic documents and electronic copy of other relevant documents.

10.       

On 14 July 2025 I lodged the Appeal with the Tribunal.

I supported the Appeal with three submissions

1.    12 July 2025          Submission – Appendix A

2.    17 August 2025     Supplementary - Appendix B

3.    25 August 2025      Final - Appendix C

And

A copy of the current Charge Resolution passed in November 2024 - effective from 1 January to 31 August 2025 - Appendix D

11.       

On 19 August 2025 I participated in an online hearing of the Tribunal.  Just prior to that hearing I was provided with a copy of the Respondent submission. - Appendix E

12.       

On 25 August 2025 I responded (Final). to the Tribunal regarding the Respondent submission. (Appendix C)

13.       

On 6 November 2025 I received by email, the Tribunal's decision - Appendix F