Dempsey v Brisbane City Council

Dempsey, a local resident, applied to the Land Court to determine whether changes proposed by the Brisbane City Council to a development project constitute a minor change for the purposes of section 350 of the Sustainable Planning Act 2009. The original proposal by the Council was for a multi-unit dwelling comprising six units over six storeys. The developer has now proposed a revised plan with four units over four storeys. Dempsey argued that the changes amounted to a significant alteration, while the Council contended that the modifications were minor and did not require additional scrutiny.

The court was required to decide whether the modifications to the proposed development were minor changes as defined under section 350 of the Sustainable Planning Act 2009. The key issue was whether the reduction in the number of units and storeys constituted a minor change that did not necessitate further assessment or approval, or whether the changes were significant enough to require additional scrutiny and public notification. The court considered the statutory definition of minor changes and the implications of the changes to the proposed development on the overall planning and design of the project.

The court concluded that the changes to the proposed development were indeed minor changes within the meaning of section 350 of the Sustainable Planning Act 2009. The reduction in the number of units and storeys did not substantially alter the nature or impact of the development on the surrounding area. The court found that the changes were within the scope of what could be considered a minor modification that did not require additional scrutiny or public notification. The court also considered the statutory definition of minor changes and the implications of the changes on the overall planning and design of the project.

The court ordered that the changes to the proposed development were a minor change for the purposes of section 350 of the Sustainable Planning Act 2009. The court further ordered that it would hear from the parties as to further orders if necessary.