Abdul Deen v Brisbane City Council

[2010] QPEC 154

[2010] QPEC 154

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 294 of 2008

ABDUL DEEN AND ANOTHER	Appellants
and
BRISBANE CITY COUNCIL	Respondent

P & E Appeal No 571 of 2009

HAJJI ABDUL RAHMAN DEEN               Appellant

and

BRISBANE CITY COUNCIL AND ANOTHER     Respondents

P & E Appeal No 594 of 2009

D CORP INVESTMENTS PTY LTD            Appellant

and

BRISBANE CITY COUNCIL AND ANOTHER     Respondents

BRISBANE

..DATE 16/09/2010

..DAY 1

ORDER

CATCHWORDS

Integrated Planning Act 1997 s 4.1.52(2)(b)

Changes to arrangements for stormwater considered "minor change"
HIS HONOUR:  The Court makes an order in terms of the
initialled draft in appeal 571 of 2009.  Likewise in appeal
594 of 2009.  The parties are all content with this.  There is
an issue for the Court in respect of a change in the detail of
the proposal.

It's unusual in the sense that what changes is arrangements
for dealing with storm water.  There's not only a revised plan
in that regard, but also an option given to the developer for
onsite detention of storm water rather than pursue the
proposals for dealing with storm water by external works.

The relevant provision is section 4.1.52 (2) (b) of the
Integrated Planning Act 1997. That's overtaken by provisions
in the Sustainable Planning Act 2009, particularly section
350.

From any point of view the development is substantially the
same.  There's no reason why the Court oughtn't to make orders
in terms of the initialled draft which allows the appeal to
proceed on the basis of the changed details of the proposal in
the regards mentioned.  The order is per initialled draft.

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