City of Brisbane Town Planning Act Amendment Act 1971 (Qld)

1,004 (1nnc $itsian4 ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 79 of 1971 An Act to Amend the City of Brisbane Town Planning Act 1964-1969 in certain particulars [ASSENTED TO 22ND DECEMBER, 1971] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the City of Brisbane Town Planning Act Amendment Act 1971. (2) In this Act the City of Brisbane Town Planning Act 1964-1969 is referred to as the Principal Act. (3) The Principal Act as amended by this, Act may be cited as the City of Brisbane Toivn Planning Act 1964-1971.

City of Brisbane Town Planning Act Amendment Act 1971, No. 79 1,005 2. Amendment of s. 3. Definitions . Section 3 of the Principal Act is amended by inserting in the definition " The Plan " at the end thereof the words " in force for the time being under this Act ". 3. Amendment of s. 4 . Town Plan for the City of Brisbane . Section 4 of the Principal Act is amended- (a) by adding to the first paragraph of subsection (1) the words " until notification has been published in the Gazette that the Governor in Council has approved a new Town Plan in accordance with this section. On and after that notification the new Town Plan shall be the Town Plan for the City of Brisbane, until superseded in accordance with this Act by a further new Town Plan "; and (b) by adding the following subsections:- " (3) The Council shall proceed with the preparation of a new Town Plan for the City of Brisbane in accordance with this Act so as to enable the proposed new Plan to be placed on public exhibition, in accordance with this section on or before the last day of February 1974. After that date the Council shall prepare new Town Plans for the City of Brisbane at intervals such that not more than five years shall elapse between a public exhibition of a proposed new Town Plan pursuant to this section (whether before or after the said date) and the next following public exhibition of a proposed new Town Plan pursuant to this section. (4) The Plan shall consist of the following:- (a) a Statement of Intent setting out:- (i) the goals the Plan is intended to achieve; (ii) the broad policies which will be implemented to achieve these goals; (iii) the data which has been used in the formulation of the Plan including a summary of all surveys carried out and an analysis of the survey data; (iv) the standards adopted as a basis for determining the various provisions made in the Plan; (v) the programme for implementing the Plan including an economic assessment of the provisions of the Plan; (vi) the principal physical and economic characteristics off the Area of the City of Brisbane (including the principal purposes for which land is used) and, so far as they may be expected to affect that Area, of any neighbouring areas; (vii) the size, composition and distribution of the population of the Area of the City of Brisbane (whether resident or otherwise); (viii) without prejudice to subparagraph (vi) above, the communications, transport system and traffic of the Area and, so far as they may be expected to affect the Area, of any neighbouring areas; (ix) any other matters which are necessary for a clear understanding of the Plan; (x) any further matters which the Governor in Council requires to be included;

1,006 City of Brisbane Town Planning Act Amendment Act 1971, No. 79 (b) the Order in Council approving the Plan together with the Schedules (if any) to the Order in Council; (c) the Scheme Maps; (d) the Planning Ordinances within the meaning of section 25 of this Act; (e) Development Control Plans, Land Use Indices and other similar documents (if any) which are needed to implement the Plan; and (f) any amendment of the Plan duly approved from time to time after the approval of the Plan. (5) The Council shall place the proposed new Plan on public exhibition and, during the period specified in the advertisement referred to in subsection ( 6) of this section , keep the same open for public exhibition at the City Hall between the hours of 10 o'clock in the forenoon and 8 o ' clock in the afternoon on all days on which the office of the Council at the City Hall is open for the conduct of public business. There shall be exhibited with the proposed • new Plan such other maps and printed material as are necessary for a clear understanding of the proposed new Plan including but without limiting the generality hereof certified copies of the existing Plan and a set of documents and matters identifying the differences between the existing Plan and the proposed , new Plan. (6) On the first day on which the Council places the proposed new Plan on public exhibition, it shall , by advertisement published in at least one newspaper printed and circulating in the City give public notice- (a) of its intention to seek approval of a new Town Plan; (b) that the proposed new Plan is available for public inspection at the office of the Council at the City Hall during the period of 60 days from the date of the publication of the advertisement (the last day of the period being in this section called the " last day for the receipt of objections "); (c) that a copy of the proposed new Plan other than material exempted under subsection (8) of this section , if any, may be procured from the Council at all times during which the proposed new Plan is required to be open for public inspection upon payment of such sum as the Council may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy which sum shall be specified in the advertisement; (d) that objections to the proposed new Plan may be lodged with the Town Clerk during the period specified in the advertisement in that behalf. (7) Any advertisement for the purposes of this section shall be in a form approved by the Minister which approval may be given in relation to a particular case or may be given generally.

City of Brisbane Town Planning Act Amendment Act 1971, No. 79 1,007 (8) The Council shall prepare and have available for purchase by any person copies of the proposed new Plan (except such parts thereof as the Minister may, on the application of the Council, exempt from the provisions of this subsection) on the payment of the sum specified in the notice advertised in accordance with subsection (6) of this section. (9) Any person shall, on application at any time before the expiration of the last day for receipt of objections so to do and subject to any reasonable precautions and supervision on the part of the Council to prevent undue damage to the exhibits, be permitted to reproduce or copy any of the material exhibited under this section whether by photography, tracing and colouring, copying of written material by handwriting or by tape recording, or purchase available material . The Council may fix by resolution and charge a reasonable fee, not exceeding the cost of providing the same , for any service rendered or provided pursuant to this subsection. (10) Any person may at any time before the expiration of the last day for the receipt of objections, request the Council to furnish him with a copy of the proposed new Plan, other than material exempted under subsection (8) of this section, if any, on payment of the sum specified in the notice advertised in accordance with this section , and the Council shall cause the copy of the proposed new Plan so requested by any person to be sent by post to that person forthwith upon receipt of the request by the Council except where the request is made personally by or on behalf of the person so requesting and a copy of the proposed new Plan has been, then and there, delivered to that person or to the person making the request on his behalf, as the case may be. (11) Every objection shall be in writing, shall be addressed to the Town Clerk, and shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (12) Brisbane City Council shall forthwith consider any and every objection made as prescribed by subsection (11) of this section and lodged with the Town Clerk on or before the last day for the receipt of objections. (13) Brisbane City Council shall within ninety days after the last day for the receipt of objections or, if the Minister who is hereby thereunto authorized allows a longer period, the period allowed by the Minister submit through the Minister to the Governor in Council for his approval the proposed new Plan together with- (a) a copy of each advertisement published in accordance with subsection (6) of this section with the name of the newspaper in which the advertisement was published and the date on which the advertisement was published endorsed thereon;

1,008 City of Brisbane Town Planning Act Amendment Act 1971, No. 79 (b) all objections made and lodged as prescribed on or before the last day for the receipt of objections; (c) the representations by Brisbane City Council in respect of all objections made and lodged as prescribed. (14) Before the Council submits the proposed new Plan to the Governor in Council the Town Clerk shall notify every person who has duly lodged an objection to the proposed new Plan the purport of the representations which the Council proposes to make to the Governor in Council in respect of his objection and of his right to make further representations in the matter to the Minister. (15) Any person who has duly lodged an objection to the proposed new Plan who is dissatisfied with the representations which the Council proposes to make thereon may make further representations to the Minister in writing and shall set out therein the grounds thereof and the facts and circumstances relied on by the objector in support of those grounds. Such representations shall be made within thirty days after the giving by the Council of the notification pursuant to subsection (14) of this section. (16) The Minister may, if he deems the circumstances so warrant, refer any aspects of the proposed new Plan to some competent person appointed by him in that behalf to inquire into the matter and make such report as having regard to the circumstances of the case and the public interest, he deems proper. A person appointed under this subsection shall for the purposes of the inquiry have and may exercise all the powers, authorities, protection and jurisdiction of a commission under The Commissions of Inquiry Acts 1950 to 1954 but the Minister shall not be bound by any such report. (17) An inquiry to which subsection (16) of this- section refers may be heard in public and all the matters into which a person is appointed to inquire may be dealt with together. (18) The Minister shall consider all matters submitted to him by way of further representations pursuant to subsection (15) of this section and shall report thereon and on any inquiry under subsection (16) of this section to the Governor in Council. (19) The Governor in Council shall consider the proposed new Plan and all objections and representations in respect of the proposed new Plan and all further representations to the Minister under subsection (15) of this section and the Minister's report thereon and on any inquiry under subsection (16) of this section and may reject the proposed new Plan, or may approve of the proposed new Plan wholly or in part. (20) The power of the Governor in Council to approve the proposed new Plan in part includes power to make all such alterations of the proposed new Plan as the Governor in Council, having regard to the proposed new Plan, the objections and representations which accompanied the submission for approval. the further representations which were made to the Minister and the Minister's report under subsection (18) of this section, deems fit.

City of Brisbane Town Planning Act Amendment Act 1971. No. 79 1,009 (21) Where the Governor in Council approves of or rejects the proposed new Plan, a notification of the approval or rejection shall be published in the Gazette. Such notification of approval shall describe so as to identify the new Plan thereby notified. (22) Upon the publication of a notification of approval pursuant to subsection (21) of this section the new Plan shall become and be the Town Plan for the City of Brisbane and shall have the force of law and be binding upon and obeyed by Brisbane City Council and all persons whomsoever accordingly. (23) Where any application made or appeal instituted under the Plan or under this Act is still pending at the time when a new Plan is approved under this Act, the application or appeal shall be dealt with and determined in all respects as though the superseded Plan had not been superseded by the new Plan and had remained of force and effect and a person whose application has been granted or appeal allowed under this subsection shall have the same rights conferred thereby as he would have had if the application had been granted or the appeal allowed and he had commenced to exercise those rights before the coming into operation of the new Town Plan provided that such rights are exercised or substantially commenced to be exercised within a period of one year from the granting of the application or the determination of the appeal. (24) The Council may comply with the requirements of this section in relation to the preparation of a new Town Plan and the submission of the proposed new Town Plan to the Governor in Council for his approval by preparing a wholly new Town Plan or by preparing a Town Plan incorporating in a consolidated form the existing Plan and all amendments thereto (whether by way of addition, alteration, substitution or omission) made and approved under this Act and all further amendments that the Council upon a review of the Plan for the purposes of preparing the new Town Plan deems desirable or appropriate but nevertheless the Town Plan shall include all of the matters set out in subsection (4) of this section. (25) The Governor in Council may, by Order in Council, extend and further extend the time for doing any act or thing under or pursuant to this section.". 4. Amendment of s. 5 . Brisbane City Council to administer Plan. Section 5 of the Principal Act is amended by omitting subsection (2). 5. Amendment of s. 6 . Brisbane City Council may propose amendments of Plan . Section 6 of the Principal Act is amended- (a) by omitting from subsection (5) the words " ninety days " and inserting in their stead the words " forty days "; and (b) by adding at the end thereof the following subsections:- " (8) This section does not apply in respect of amendments proposed in the course of preparation of a new Town Plan for the City of Brisbane pursuant to section 4 of this Act and in respect whereof the procedures prescribed by that section have been followed in compliance with that section.

1,010 City of Brisbane Town Planning Act Amendment Act 1971, No. 79 (9) Where in any advertisement for the purposes of this section it is proper to identify any land, the land shall be identified by, in addition to the real property description of the land, the street number (if any), the street or streets wherein it is situated and the locality or by such other means as will facilitate the local identification of the land in question. (10) Upon application by the Council in respect of any proposed amendment of the Plan the Minister may, by writing under his hand, exempt the Council from compliance with such of the provisions of this section as the Minister, having regard to the nature and extent of the amendment, deems proper. (11) Where, prior to the commencement of the City of Brisbane Town Planning Act Amendment Act 1971, the Council had commenced to undertake and apply for an amendment of the Plan, the provisions of section 6 of the City of Brisbane Town Planning Act 1964-1969 shall, notwithstanding the amendment thereof, apply in relation to the amendment and to any objections and appeal arising therefrom as if those provisions had remained in force and action in respect of the amendment shall proceed accordingly.". 6. Repeal of and new s. 8. Section 8 of the Principal Act is repealed and the following section is inserted in its stead:- " 8. Application for rezoning of land . (1) Application may be made to the Council to exclude land from any zone and to include the land so excluded in another zone. (2) The application shall be- (a) in writing; (b) signed by the applicant or applicants or, in the case of a partnership, by one of the partners thereof or, in the case of a company or an unincorporated association, by an authorised officer thereof; (c) accompanied by the consent, in writing, of the registered proprietor or registered lessee from the Crown if made by a person who is not the registered proprietor or the registered lessee from the Crown; (d) addressed to the Town Clerk and truly set forth the following particulars- (i) the full description of the land, together with the postal address thereof; (ii) the name of the registered proprietor in the case of freehold land or the name of the registered lessee in the case of land held from the Crown for a leasehold estate; (iii) the name of the occupier; (iv) the use desired to be made of the land; (v) the use being made of the land (including any building or other structure thereon) at the date of application; (vi) a description of the buildings or other structures erected on the land and the use being made thereof at the date of application;

City of Brisbane Town Planning Act Amendment Act 1971, No. 79 1,011 (vii) the height and number of storeys of proposed buildings; (viii) a site plan and layout and, when requested by the Town Clerk, an elevation of any buildings or other structures proposed to be erected on the land; (ix) the number of persons engaged and proposed to be engaged in the particular use; (x) the total connected load of any mechanical power proposed to be employed in the particular use; and (xi) such other information relative to the application as may be requested by the Town Clerk. (3) Every application made pursuant to this section shall, if it complies with this section be referred by the Town Clerk to the Council or its delegate who shall make an appropriate recommendation to the Council and the Council shall decide the application. (4) Upon an application referred to the Council pursuant to subsection (3) of this section, the Council may- (a) approve the application; (b) refuse to approve the application; or (c) approve the application subject to reasonable and relevant conditions. (5) In giving consideration to an application made under this section the Council shall, amongst other things, take notice whether the proposal, if permitted, or buildings erected in conformity with the proposal, or both the proposal, if permitted and the buildings so erected- (a) would create a traffic problem or increase an existing traffic problem; (b) would detrimentally affect the amenity of the neighbourhood; (c) would create a need for increased facilities such as schools, shops, or other normal service provisions; (d) would affect the balance of zones in the city as a whole, or that sector of the city within which the land is situated; (e) would be in accord with, or conflict with, the general planning intentions of the Plan as set out in the Statement of Intent prepared pursuant to subsection (4) of section 4 of this Act.". 7. Amendment of s. 11. Town Plan to be open for inspection. Section 11 of the Principal Act is amended by omitting the second paragraph thereof and inserting in its stead the following paragraphs:- " The Council shall keep on exhibition with the Plan a statement or statements of current Council policies affecting the Plan or any part of the Plan. There shall be shown in the statement in respect of each policy the date of its adoption and whether it was adopted by the full Council or a delegate. Copies of such statement or statements shall be available for sale to the public upon payment of such sum as the Council may fix by resolution but not exceeding the cost of printing or otherwise reproducing the.copy.

1,012 City of Brisbane Town Planning Act Amendment Act 1971, No. 79 In any proceedings under this Act wherein proof of Council policy is relevant, the policies as set out in the statement or statements thereof on exhibition with the Plan at the relevant time shall be deemed to be the whole of the Council policy.". 8. Amendment of s. 12. Town Planning Certificate. Section 12 of the Principal Act is amended by inserting after subparagraph (c) the following paragraph:- " Where the application for a certificate under this section so specifies, the certificate may be limited to the matters set out in subparagraphs (a) and (b) of the first paragraph of this section.". 9. Amendment of s. 20A. Other appeals in respect of the erection of buildings or other structures . Section 20A of the Principal Act is amended by inserting after the words " by virtue of the provisions of " the phrase " subsection (7) of section 22A of this Act or ". 10. Amendment of s. 21. Time for appeal by applicants . Section 21 of the Principal Act is amended- (a) by omitting from paragraph (c) of subsection (1) the words " under section nineteen of this Act which the Council proposes to grant " and inserting in their stead the phrase " to which section 9, 18 or 19 of this Act applies which the Council proposes to grant or to a building proposal to which section 22A of this Act applies "; and (b) by omitting from paragraph (c) of subsection (1) the phrase " subsection (2) of section twenty-two of this Act " and inserting in its stead the phrase " subsection (6) of section 22 or, as the case may be, subsection (7) of section 22A of this Act ". 11. New s. 21A. The following section is inserted in the Principal Act after section 21:- " 21A. Objectors may join in appeals under s. 9, 18 , 19 or 20A. (1) The Town Clerk when notifying the applicant of the decision of the Council or its delegate on an application to which section 9, 18, 19 or 20A of this Act applies shall furnish the applicant with the name and address of every person who has duly lodged pursuant to section 22 or 22A of this Act an objection to the application with the Town Clerk whether lodged before or after the coming into operation of this section and where subsection (3) of section 21 of this Act applies in relation to the application the Town Clerk shall forthwith on demand by the applicant furnish to the applicant the name and address of every person who has so lodged an objection. (2) Where an applicant institutes an appeal pursuant to subsection (3) of section 21 of this Act he shall forthwith make application to the Town Clerk to be furnished with the name and address of every person who has duly lodged pursuant to section 22 or 22A of this Act an objection to the application in relation to which the appeal is brought. (3) Where an applicant institutes an appeal under section 9, 18, 19 or 20A of this Act, he shall forthwith 'i otify in writing every person with whose name and address he has been furnished in relation to the application in question pursuant to subsection (1) of this section, of the appeal and the grounds of the appeal and of the objector's right to become a respondent to the appeal.

City of Brisbane Town Planning Act Amendment Act 1971, No. 79 1,013 (4) Any person who has duly lodged pursuant to section 22 or 22A of this Act an objection to the application against the decision whereon the appeal has been instituted may by filing in the Court notice of election in that behalf within fourteen days after the receipt by him of the notification pursuant to subsection (3) of this section become a respondent to the appeal and shall be entitled to be heard in the appeal as a party thereto. (5) The Court shall stay proceedings in any appeal under section 9, 18, 19 or 20A (so far as section 20A relates to section 22A) of this Act unless it is satisffed on oral evidence or by affidavit that the appellant has complied with the provisions of subsection (3) of this section in relation to the appeal.". 12. Repeal of and new ss. 22 and 22A . Section 22 of the Principal Act is repealed and the following sections inserted in its stead- " 22. Objection to certain applications and appeals by objectors. (1) Where- (a) an application is made to the Council to exclude land from any zone and to include the land so excluded in another zone; (b) an application is made for approval by the Council or its delegate to open any new road or to subdivide any land; or (c) under the Plan any building or other structure may be erected or used for any purpose on land in any Zone only with the consent of the Council or its delegate or land in any Zone may be so used only with such consent and an application is made for such consent, the Council or its delegate shall before deciding the application, cause public notice to be given of the application by advertisement published in at least one newspaper printed and circulating in the City and by posting a copy of the advertisement on the land to which the application relates or applies. (2) Notice of the application shall be served by the applicant on the owner of any land abutting on the land to which the application relates or applies forthwith upon the making of the application to the Council or its delegate. It shall be sufficient compliance with this subsection to give the notice by prepaid registered post addressed to the owner at his address as shown in the records of the Council relating to the levying of rates. A statement shall be enclosed with the notice stating that objections to the granting of the application may be lodged with the Town Clerk within fourteen days after the giving of the notice. (3) The copy of the advertisement on the land in question shall be not less than two feet in height, not less than six square feet in area, and all lettering thereof shall be not less than

1,014 City of Brisbane Town Planning Act Amendment Act 1971, No. 79 one inch in height , and the copy shall be posted not more than six feet from the road alignment of the land and so as to be clearly visible from the road and shall be kept so posted at all times during the period of fourteen days next preceding the date stated in the advertisement as the date on or before which objections may be lodged with the Town Clerk. (4) The advertisement to which subsection ( 1) of this section refers shall set out particulars of the application and shall state that objections to the granting of the application may be lodged with the Town Clerk on or before the date specified in the advertisement ( which date shall be not earlier than fourteen days after the date of the publication of the advertisement). (5) Any objection to an application to which this section refers shall be in writing, shall be addressed to the Town Clerk and shall set out the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (6) If the Council or its delegate proposes to grant an application whereof public notice has been given pursuant to this section , the Town Clerk shall give notice accordingly to every person who has duly lodged with him an objection to the granting of the application. (7) The notification under subsection ( 6) of this section shall contain or be accdmpanied by a, copy of this section. (8) Subject to this Act , a person who has duly objected to the granting of an application whereof public notice has been given pursuant to this section may appeal to the Court against the proposal of the Council or its delegate to grant the application. (9) An appeal under this section shall be instituted within thirty days after the giving pursuant to subsection ( 6) of this section of the notification to the person who institutes the appeal but not later. (10) Forthwith on the institution of an appear under this section the appellant shall serve written notice of the appeal and the grounds thereof on the applicant who may, by filing in the Court notice of election in that behalf within fourteen days after the notice is served on him under this subsection , become a respondent to the appeal and shall be entitled to be heard in the appeal as a party thereto. (11) Where a person has duly objected , the application shall not be determined- (a) until the time for institution of an appeal has expired; or (b) if an appeal is duly instituted , until the appeal is determined.

City of Brisbane Town Planning Act Amendment Act 1971, No. 79 1,015 (12) In the case of an appeal, in making its decision the Council or its delegate shall be bound by the determination of the appeal. (13) The Council shall make its decision and the Town Clerk shall notify the applicant thereof within seven days after the time for institution of an appeal has expired or, if an appeal has been duly instituted, after the determination thereof. The notification shall state the grounds of the decision. (14) The applicant shall pay to the Council the costs of the advertisement prescribed by this section and shall accompany his application with the amount of such costs. (15) The Court shall stay proceedings in any appeal under this section unless it is satisfied on oral evidence or by affidavit that the appellant has complied with the provisions of subsection (10) of this section in relation to the appeal. (16) The provisions of section 22 of the City of Brisbane Town Planning Act 1964-1969 shall, notwithstanding the repeal thereof, apply in relation to any application to which that section applied made prior to that repeal and to objections and appeals arising out of such application as if those provisions had remained in force and action in respect of the application shall proceed accordingly. 22A. Objection to certain building proposals and appeals by objectors . (1) Where under the Plan the erection on land in any Zone of a multiple dwelling is permitted without the approval, consent or permission of the Council or its delegate and any person proposes to erect thereon a multiple dwelling of which more than two storeys (not including a storey on or at ground level) will be wholly above ground level, that person shall give written notice to the Council of his intention so to do (which for the purposes of sections 20A, 21 and 21A shall be deemed to be an application to the Council to which these sections apply) and attach thereto a written description of the proposed building so as to adequately describe the same and to inform interested persons of the type, size, nature of materials, aspect and location on the parcel of land in question of the proposed building and the Council shall thereupon cause public notice to be given of the proposal by advertisement published in at least one newspaper printed and .circulating in the City and by posting a copy of the advertisement on the land on which the proposed building is to be erected. (2) Notice of the proposal shall be served by the person in question on the owner of any land abutting on the land in question forthwith upon the giving of the notice to the Council pursuant to subsection (1) of this section. It shall be sufficient compliance

1,016 City of Brisbane Town Planning Act Amendment Act 1971, No. 79 with this subsection to give the notice by prepaid registered post addressed to the owner at his address as shown in the records of the Council relating to the levying of rates . A statement shall be enclosed with the notice stating that objections to the building proposal may be lodged with the Town Clerk within fourteen days after the giving of the notice. (3) The copy of the advertisement on the land in question shall be not less than two feet in height, not less than six feet square feet in area , and all lettering thereof shall be not less than one inch in height , and the copy shall be posted not more than six feet from the road alignment of the land and so as to be clearly visible from the road and shall be kept so posted at all times during the period of fourteen days next preceding the date stated in the advertisement as the date on or before which objections may be lodged with the Town Clerk. (4) The advertisement to which subsection (1) of this section refers shall set out particulars of the building proposal and shall state that objections to the proposal may be lodged with the Town Clerk on or before the date specified in the advertisement (which date shall be not earlier than fourteen days after the date of the publication of the advertisement ) and that, the relevant written description of the proposed building is open to inspection by any person on application at the office of the Council at the City Hall on or before the date specified in the advertisement. (5) The Council or its delegate shall at all times during which the Council ' s office at the City Hall is open for the conduct of public business make available for inspection as advertised under this section the written description of the proposed building. (6) Any objection to the proposed building to which this section refers shall be in writing , shall be addressed to the Town Clerk and shall set out the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (7) The Council or its delegate shall consider all objections duly lodged against a building proposal whereof public notice has been given pursuant to this section and the Council or its delegate shall consider whether the proposed building if constructed as indicated in the written description attached to the notice given pursuant to subsection (1) of this section will interfere with the existing or likely future amenity of the neighbourhood having regard to the circumstances of the case and the public interest and shall decide whether or not the building proposal is generally acceptable to the Council subject to its approval of specific building plans . If the building proposal is so generally acceptable to the Council , the Town Clerk shall forthwith give notice accordingly to every person who has duly lodged with him an objection to the building proposal.-.

City of Brisbane Town Planning Act Amendment Act 1971, No. 79 1,017 (8) The notification under subsection (7) of this section shall contain or be accompanied by a copy of this section. (9) Subject to this Act a person who has duly objected to a building proposal whereof public notice has been given pursuant to this section may appeal to the Court against the decision of the Council or its delegate that the building proposal is gen- erally acceptable to the Council. (10) An appeal under this section shall be instituted within thirty days after the giving pursuant to subsection (7) of this section of the notification to the person who institutes the appeal but not later. (11) Forthwith on the institution of an appeal under this section the appellant shall serve written notice of the appeal and the grounds thereof on the person who gave notice of the proposal under subsection (1) of this section, who may, by filing in the Court notice of election in that behalf within fourteen days after the notice is served on him under this subsection, become respondent to the appeal and shall be entitled to be heard in the appeal as a party thereto. (12) Where a person has duly objected to a building proposal, the approval of plans for a proposed building to which this section applies, on the land in question, shall not be given by the Council or its delegate- (a) until the time for institution of an appeal has expired; or (b) if an appeal is duly instituted, until the appeal is determined. (13) In determining an appeal under this section the Court shall consider whether the proposed building if constructed as indicated in the written description attached to the notice given pursuant to subsection (1) of this section will interfere with the existing or likely future amenity of the neighbourhood having regard to the circumstances of the case and the public interest. In making its determination in an appeal, the Court may impose such conditions as the Court deems fit. (14) In the case of an appeal, in approving plans for the proposed building the Council or its delegate shall be bound by the determination of the appeal. (15) The applicant shall pay to the Council the costs of the advertisement prescribed by this section and shall accompany his application with the amount of such costs. (16) The Court shall stay proceedings in any appeal under this section unless it is satisfied on oral evidence or by affidavit that the appellant has complied with the provisions of subsection (11) of this section in relation to the appeal.".

1,018 City of Brisbane Town Planning Act Amendment Act 1971, No. 79 13. Repeal of and new s. 25. Section 25 of the Principal Act is repealed and the following section is inserted in its stead:- " 25. Ordinances. (1) The power of the Brisbane City Council to make ordinances shall include power to make all such Planning Ordinances, designated as such, as are necessary or convenient to implement the Town Plan and to provide for, regulate, and control the administration and execution of the Town Plan. (2) Planning Ordinances made under this section shall be part of the Town Plan and subject to subsection (3) of this section, shall be made, amended or repealed as may be required for the purposes of the Town Plan. (3) The making of new Planning Ordinances or the amendment or repeal of any existing such ordinance shall be deemed to constitute an amendment of the Plan and shall be dealt with and treated accordingly. (4) Without in any way limiting the power to make ordinances under the City of Brisbane Act1924-1969 or this Act or under both such Acts, the following ordinances made thereunder:- (a) Chapter 8-the whole; (b) Chapter 23-Ordinances numbered, 5, 13, 29, 30, 31, 33A, 71, 71A, 84, 85, 86 and clauses (1), (2), (3), (4), (21), (25) and (26) of Ordinance numbered 337, except such parts thereof as the Minister may exempt in writing from this subsection upon application by the Council shall in relation to the Plan be deemed to be Planning Ordinances made under this section and shall be subject to the provisions of subsection (3) of this section whether or not such ordinances were made before or after the approval of the Plan. (5) The provisions of section 38 of the City of BrisbaneAct1924-1969 in relation to inspection, advertising and provision of copies of an ordinance prior to the passing of a resolution by the Council confirming the ordinance shall not apply in respect of Planning Ordinances or Ordinances deemed to be Planning Ordinances. (6) Ordinances made under the City of Brisbane Town Planning Act 1964 or that Act as amended and in force immediately before the commencement of the City of Brisbane Town Planning Act Amendment Act 1971 shall continue in force and shall have effect as though they had been made under this section. (7) Any Ordinance made for the purpose of implementing a Plan shall cease to have effect when the Plan in respect whereof it is made ceases to have effect. (8) Where prior to the commencement of the City of Brisbane Town Planning Act Amendment Act 1971 the Council has commenced to make an ordinance under section 25 of the City of Brisbane Town Planning Act 1964-1969 or any other ordinance amending

City of Brisbane Town Planning Act Amendment Act 1971, No. 79 1,019 any of the Ordinances specified in subsection (4) of this section and a resolution for passing the ordinance has been agreed to by the Council, the Council may continue and complete the confirmation and sealing of the ordinance and the Governor in Council may approve or otherwise deal with the ordinance under and in accordance with the provisions of the City of Brisbane Act 1964-1969 or the said section 25 as in force prior to the said commencement and those provisions shall for that purpose be deemed to have force and effect and the ordinance, when so made, shall be deemed to be a Planning Ordinance made under this section.". 14. Amendment of s. 31. Costs. Section 31 of the Principal Act is amended- (a) by inserting, after the words " heard and determined by it ", the words " under any Act other than this Act "; and (b) by adding the following paragraph: "The Court shall not make any order as to the costs of proceedings heard and determined by it under this Act after the commencement of the City of Brisbane Town Planning Act Amendment Act 1971 and the parties to such proceedings shall each bear his own costs thereof.".