Allaries v Brisbane City Council

PLANNING & ENVIRONMENT COURT
OF QUEENSLAND

CITATION:

Allaries & Ors v Brisbane City Council & Anor [2002] QPEC 046

PARTIES:

ELIZABETH ALLARIES, DENVER BEANLAND, AND

RAYMOND POON

(appellants)

v  

BRISBANE CITY COUNCIL

(respondent)

AND

TAIWAN INVESTMENT MANAGEMENT PTY LTD (co-respondent)

FILE NO/S:

814/02

DIVISION:

Planning and Environment Court

PROCEEDING:

Appeal

DELIVERED ON:

8 August 2002

DELIVERED AT:

Brisbane

HEARING DATE:

31 July, 1 August 2002

JUDGE:

K S Dodds DCJ

ORDER:

Appeal dismissed

CATCHWORDS:

ENVIRONMENT AND PLANNING – COUNCIL CONSENT AND APPROVAL – APPLICATIONS – submitters’ appeal against respondent’s approvals of co-respondent’s application for a development permit for material change of use for multi-unit dwelling, demolition and filling, and for preliminary approval of operational work on seven suburban lots.  Issues:  amenity – privacy, increased traffic, increased sewage, increase in flood levels due to filling.

Integrated Planning Act 1997, sections 3-5-30, 4.1.50(2)

COUNSEL:

T Trotter for respondent

A Skoien for co-respondent

SOLICITORS:

Brisbane City Legal Practice for respondent

Clapins Lawyers for co-respondent

R Poon and D Beanland in person

1. This is an appeal by submitters against the respondent’s approval (with conditions) of an application by the co-respondent for a development permit for a material change of use for multi-unit dwelling and for preliminary approval of operational work.

1. The subject land comprised a total of seven suburban lots which may be referred to as 270, 272, and 276-284 Indooroopilly Road.  In the vicinity Indooroopilly Road may be described as running north-south.  Lambert Road from the west joins Indooroopilly Road just to the north of the subject land.  There is a roundabout at the junction.  Each lot used to contain a detached house.  If and when development is completed the co-respondent intends there to be 14 houses on the 7,764 m2 combined area of the subject land.

1. The history should be briefly explained.  

1. In October 2000, the co-respondent applied to the respondent for a development permit for a material change of use for multi-unit dwelling, demolition and filling, and for preliminary approval of operational work with respect to lots 270, 276, 278, 280, 282, and 284.  For convenience I will refer to this as Stage 1.  The application was approved with conditions.  There was an appeal to the Planning and Environment Court by submitters who included the present appellants.  On 7 November, 2001 that appeal was dismissed by consent and the application approved subject to slightly amended conditions.

1. The co-respondent having acquired lot 272 made the application the subject of this appeal in March 2001.  This application related to the entire area, namely the land the subject of the earlier application and lot 272.  It was approved with similar conditions to that applied to the earlier approval.  For convenience I will refer to this as Stage 2. 

1. A requirement of the respondent in approving both Stage 1 and Stage 2 was that the land the subject of the approval be filled to 7.10 metres AHD the 100-year ARI level Brisbane River (A Q100 flood event Brisbane River). 

1. The location and make-up of the…