Affram Pty Ltd v Brisbane City Council

Affram Pty Ltd challenged a decision of the Brisbane City Council regarding the demolition of a building within a designated Demolition Control Precinct. The primary issue was whether the demolition would result in the loss of the traditional “timber and tin” building character and whether the building did not contribute positively to the visual character of the street. The appellant also contested the allocation of the onus of proof regarding the building's construction date.

The court was required to determine the legal standards for assessing the historical and aesthetic significance of the building and the onus of proof in relation to the building’s construction date. It examined the criteria set out in the Demolition Code and the relevant legislation governing Demolition Control Precincts. The court found that the evidence regarding the building's construction date was not definitive, and the onus of proof should lie with the party asserting the specific date, which in this case was the respondent. The court concluded that the Council's decision to deny the demolition permit was not supported by the evidence and that the appellant had demonstrated sufficient grounds for the demolition.

The appeal was allowed, and the decision of the Brisbane City Council was set aside. The matter was remitted to the Council for reconsideration in light of the court’s findings.