Armstrong v Brisbane City Council

PLANNING & ENVIRONMENT COURT
OF QUEENSLAND

CITATION:

Armstrong v Brisbane City Council [2003] QPEC 007

PARTIES:

PETER STUART ARMSTRONG & WENDY ANN ARMSTRONG

Appellant

BRISBANE CITY COUNCIL

Respondent

FILE NO:

5704/2001

PROCEEDING:

Appeal

ORIGINATING COURT:

Planning & Environment Court Brisbane

DELIVERED ON:

 21 March 2003

DELIVERED AT:

Brisbane

HEARING DATE:

12, 13 & 14 March 2003

JUDGE:

Newton DCJ

ORDER:

Appeal dismissed

CATCHWORDS:

LOCAL GOVERNMENT – TOWN PLANNING – Application to demolish pre 1946 dwelling house at Bowen Hills - whether proposal fails to comply with the Demolition Code – whether building is not structurally sound and is reasonably capable of being made structurally sound – whether the building contributes to the traditional character of the area and its demolition would adversely affect that character – whether the building is important to the streetscape and its demolition would adversely affect that streetscape

Cases referred to:

Berlese v Brisbane City Council (2002) QPEC 73
Gould v  Brisbane City Council [2001] QPECR 77

COUNSEL:

Mr M Rackemann – Respondent
Mr P Armstrong – Appellant in person

SOLICITORS:

Brisbane City Legal Practice – Respondent

1. This is an appeal against the respondent’s refusal of an application to demolish a pre-1946 dwelling house at Bowen Hills.  The address of the premises is described as 40-42 Boyd Street, Bowen Hills, the real property description of which is Lots 12 and 13 on SL 5982.  No proposal for further development of the site was part of the application. 

1. The decision notice set out the grounds for refusal in terms that the proposal failed to comply with the Demolition Code in the following respects:

   §  the building is not structurally sound and is reasonably capable of being made structurally sound;

   §  the building contributes to the traditional character of the area and its removal or demolition would adversely affect that character and the amenity of the area; and

   §  the building is important to the streetscape [and] its removal or demolition would adversely affect that streetscape and amenity of the street.

1. The issues in the Appeal, then, may be broadly summarised as relating to character and structural soundness (including the capability of making the building structurally sound). 

1. The subject site generally slopes from the western frontage to the eastern boundary and has a fall of approximately 11m.  The site adjoins the “Our Lady of Victories Catholic Church – White Temple of Peace”, which is a Heritage Listed Place.  The site has extensive views of the Brisbane River and adjacent suburbs. It has a road frontage of approximately 26m to Boyd Street, which is classified as a local access street and a frontage of approximately 48m to Dunlop Lane. 

1. The general locality is a residential neighbourhood located on a local access cul-de-sac.  Boyd Street is characterised by single detached houses and several Heritage Places including Cintra House and the previously mentioned church.  Housing styles and ages are mixed with some pre-1946 buildings remaining in close proximity to the subject site.

1. The application for development approval was made in September…