Brassgrove KB Pty Ltd v Brisbane City Council

Brassgrove KB Pty Ltd sought to demolish a pre-1947 house in Brisbane. The council approved the demolition, but the approval lapsed due to the applicant's failure to extend the approval period before the lapse. The council refused to deem the approval effective due to a material amendment in the planning scheme's demolition code since the original approval. The applicant sought a declaration that the approval was effective despite the lapse and the code change. The court had to determine whether to excuse the applicant's failure to extend the approval and whether to deem the approval effective.

The court examined the legislative framework governing planning approvals and the authority of the council to extend lapsed approvals. It considered the nature of the amendment to the demolition code and whether it materially affected the approval. The court also assessed whether there were any exceptional circumstances justifying excusing the failure to extend the approval. Given the significant changes to the demolition code, the court found that the approval could not be deemed effective. The applicant's failure to extend the approval before the lapse was not excusable due to the substantial changes in the relevant planning code.

Consequently, the court dismissed the application. The approval for the demolition could not be taken to be effective despite the lapse, and the court found no basis to excuse the applicant's failure to extend the approval period. The applicant was unable to rely on the lapsed approval to proceed with the demolition. The court's decision emphasised the importance of complying with planning laws and the limited circumstances in which a lapsed approval could be considered effective.