Calvisi v Brisbane City Council

In the case of Calvisi v Brisbane City Council, the applicant appealed against the Council's approval of a development application for a site in a medium density living precinct within the New Farm Teneriffe Hill Local Plan. The site was adjacent to heritage places, including one that was listed after the Council had approved the development of a larger, taller building in its place. The approved development included a reconfiguration of the site, which involved sub-dividing off another heritage place, a building of 16 storeys and another of 13 storeys in height. The applicable Local Plan code stipulated a maximum height of five storeys and a plot ratio of one, both of which were substantially exceeded by the approved tower of ten storeys. However, the related performance criteria were found to be satisfied.

The legal issues included whether the development application was invalid due to the failure to include an area of road to be closed and amalgamated with the site, land owner consents, the demolition of an undistinguished building on the site, and a material change of use to cover the intensification of the use associated with the designated heritage place buildings on the site. The issues also included heritage, architecture, urban design, and visual amenity. The proposal was considered to produce an acceptable "visual relationship" with neighbouring and nearby buildings.

The court found that the Local Plan prevailed over the Brisbane City Plan 2000, so that the general provisions under which the proposal was high density rather than medium density living were not determinative. The river views were held "maintained" notwithstanding the obstruction by the tower. The appeals were dismissed.