Altitude Corporation Pty Ltd v Isaac Regional Council

In the case of Altitude Corporation Pty Ltd v Isaac Regional Council, the appellant sought approval for a minor change to a previously approved residential subdivision at Morinbah, adjacent to an existing subdivision and a high voltage transmission line. The proposed change involved the removal of covenants over certain lots and a threat to another. The respondent council opposed the change, arguing that it conflicted with the town plan and did not comply with the requirement for buffer areas adjacent to the transmission line as outlined in the draft transmission code.

The primary legal issues for the court to decide were whether the proposed minor change to the existing development was consistent with the town plan and whether it complied with the draft transmission code's requirement for buffer areas. The court also had to determine if the existing development condition should be cancelled.

The court found that the proposed minor change to the existing development was consistent with the town plan and did not require a buffer area as per the draft transmission code. The court concluded that the subject land, left vacant as part of the previous subdivision approval, did not necessitate a buffer area. Consequently, the court allowed the minor change appeal and the appeals to cancel the existing development condition, subject to certain conditions. The court adjourned the appeals for notification of conditions and scheduled a review on 19 January 2011.

The court's final orders were that the minor change appeal (BD6 of 2009) was allowed, and the appeals to cancel the existing development condition (BD2225 of 2009) and reconfiguration (BD1119 of 2010) were allowed, subject to the removal of the covenants over Lots 501 and 503 and the threat of the covenant over Lot 505. The appeals were adjourned for notification of conditions and listed for review on 19 January 2011.