Bon Accord Pty Ltd v Brisbane City Council

Bon Accord Pty Ltd brought an application against Brisbane City Council in the Queensland Land Court, seeking declarations and orders including stop work orders in relation to a partially completed shopping centre. The primary contention was the validity of the Multiple Commercial Unit (MCU) approval granted by the Council, with the applicant alleging misdescription of the land, the approval process, and the absence of certain resources. The Council argued that the application was not properly made and that the approval was valid.

The court was tasked with determining several legal issues. These included whether the application for MCU approval was properly made, whether the misdescription of the land rendered the approval invalid, and whether the MCU application should have been subject to impact assessment. Further, the court had to consider if the development was on a site of heritage significance, if it exceeded the Gross Floor Area (GFA) permitted, and if the approval was so unreasonable as to be invalid. Additionally, the adequacy of the carparking, traffic layout, and design of the north and north-western facades of the building were scrutinized. Finally, the court had to decide whether the building permit was invalid and whether there were grounds to exercise the discretion to withhold relief.

The court found that the MCU approval was valid and that the application was properly made, despite the alleged misdescriptions. It determined that the approval process did not require impact assessment, and the development was not on a site of heritage significance. The court also held that the GFA was not exceeded and that the approval was not unreasonable. Furthermore, it found the carparking, traffic layout, and design of the north and north-western facades to be adequate. Consequently, the court dismissed the application and found that the building permit was valid. The court exercised its discretion not to grant the sought relief.