Comiskey Group (a firm) v Moreton Bay Regional Council

The applicant, Comiskey Group, sought to appeal a decision of the Moreton Bay Regional Council to refuse a development application. The proposed development involved the creation of 216 residential allotments, with part of the subject land lying in the flood plain of the North Pine River. The applicant argued that the changes to the original development application were minor and did not require referral to an additional referral agency. The respondent argued that the changes were significant and required referral to an additional referral agency. The legal issue before the court was whether the changes to the development application were minor for the purposes of section 350 of the Sustainable Planning Act 2009. The court found that the changes to the development application were not minor and required referral to an additional referral agency. The court held that the changes to the level of fill, the detail and construction of a bridge crossing the flood plain, and the additional filling over an area within the flood plain were significant changes that required referral to an additional referral agency. The court further held that the changes had the potential to significantly affect the environment and were therefore not minor changes for the purposes of section 350 of the Sustainable Planning Act 2009. The application was refused.