Balanda Assets Pty Ltd v Lockyer Valley Regional Council

[2013] QPEC 64

[2013] QPEC 64

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 113 of 2013

BALANDA ASSETS PTY LTD and ANOTHER  Appellant

and

LOCKYER VALLEY REGIONAL COUNCIL                Respondent

BRISBANE

9.36 AM, THURSDAY, 19 SEPTEMBER 2013

JUDGMENT

CATCHWORDS

Extension of “relevant period” for implementing developer approved for reconfiguration - internal boundaries now adjusted to avoid an obligation to fill a dam affecting more than one lot

Sustainable Planning Act 2009

.

HIS HONOUR:   There will be an order in terms of the initialled draft, which gives effect to a compromise the parties have reached.  The appellant required additional time to carry out a reconfiguration or subdivision of one large lot into 4, apparently largely attributable to economic conditions.  Although the Court’s endorsement of a change to the development proposal may not be required, the Court has been made aware of the change which occurs.  That adjusts the boundaries of the four new lots with a view to avoiding a former situation under the approval which the Council originally granted on 18^th of December 2008, which is now sought to extended.

The boundaries are adjusted to avoid the undesirable situation of the boundaries originally passing through a dam for the most part located on lot 3.  Although there is a condition for filling of the dam,  it is plainly preferable to have that obligation affecting a single one of the proposed lots rather than two or even three.  There’s been a resolution between the parties of an issue to do with the developer’s contribution to road works for the widening of Scheiwe Road along the frontage of the property, the result of which is that although the developer retains responsibility for constructing the necessary works in the first instance it will be relieved of the former obligation to provide monetary contributions in addition which presumably would relate to ongoing maintenance of the roads.  Order as per initialled draft.

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