Britton v Gladstone Regional Council

[2011] QPEC 12

[2011] QPEC 12

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 7 of 2010

JODIE BRITTON AND ANOTHER	Appellant
and
GLADSTONE REGIONAL COUNCIL	Respondent

BRISBANE

..DATE 16/02/2011

..DAY 1

ORDER

CATCHWORDS

Minor and permissible change where modest changes in lot sizes in a reconfiguration from 1 lot to 2 lots

HIS HONOUR:  The Court makes an order in terms of the initialled draft. 

It has the effect of allowing the developer's appeal in relation to its application to reconfigure one lot into two.  There is a minor change or permissible change which makes the development proposal now acceptable to the Council.  That is described in the affidavit of the surveyor, Mr Butler. The affidavit is not yet on the Court file.  Leave to read and file a copy has been given on the undertaking of Mr McDonald, a solicitor participating in the hearing by telephone, to file the original as soon as he can.

The changes are minor from any point of view.  They vary the sizes of the proposed new lots.  Lot 1 is to be reduced from 781 square metres to 749 square metres, Lot 2 in consequence increasing from 1,314 square metres to 1,346 square metres.  The access to Lot 2 is to be widened and an easement originally proposed across Lot 1 is no longer part of the development proposal.  There's also, so Mr Lyons informs me, the addition of a gully pit at the north-western corner of the proposal, which presumably improves drainage arrangements in a way that's pleasing to the Council.

Order as per initialled draft.

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