Barnes v Southern Downs Regional Council

The Southern Downs Regional Council, the respondent, was opposed to the appellants' proposal to partially demolish a building in the Fitzroy Street area. The appellants sought to appeal the Council's decision to refuse their development application. The dispute was heard in the Queensland Planning and Environment Court. The appellants argued that the proposed partial demolition of the building constituted a material change of use, and that the demolition of one building was inextricably linked to the demolition of another, which made the entire proposal assessable. The Council argued that the proposal was solely building work and did not constitute a material change of use.

The court needed to decide whether the appellants' proposal for partial demolition constituted a material change of use and whether the demolition of one building was inextricably linked to the demolition of another, thereby making the entire proposal assessable. The court also had to determine the scope of the appeal, specifically whether it was limited to the partial demolition of 84 Fitzroy Street or if it included the broader proposal.

The court found that the development did not constitute a material change of use and that the appeal was properly limited to the partial demolition of 84 Fitzroy Street. The court held that the demolition of one building was not inextricably linked to the demolition of another, and therefore the entire proposal was not assessable. The court concluded that the appellants' appeal was limited to the partial demolition of 84 Fitzroy Street, and that the proposal did not require a development application. The court dismissed the appeal.