Deutscher v Brisbane City Council

[2005] QPEC 73

[2005] QPEC 073

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 4697 of 2004

ESTHER DEUTSCHER  Appellant

and

BRISBANE CITY COUNCIL  Respondent

and

VINCENT O'DONOGHUE  Co-respondent

BRISBANE

..DATE 29/07/2005

ORDER

CATCHWORDS: Integrated Planning Act 1997 s 4.1.52(2)(b) - reduction of size (including number of dwelling units), increased setbacks, and open space held "minor change" once partial demolition of derelict pre-1946 development (a shop) was approved - changes would enhance other pre-1946 development in the area

HIS HONOUR: The Court makes an order in terms of the initialled draft which is acceptable to the parties. I am grateful to Ms Huyng for expanding on the significance of the identification of a change to the development application as only a minor change, for purposes of s 4.1.52(2)(b) of the Integrated Planning Act 1997.

The explanation she has given supports her suggestion.  Once the application for partial demolition of a pre-1946 building is accepted an inescapable consequence, it seems, of the building's becoming derelict, the changes to the application are minor in the sense that they reduce the bulk of the development.  The number of dwellings in a multi-unit dwelling at the rear of the proposed shop reduces from four to three.  The building would be smaller, there would be more open space, more landscaping et cetera. 

There will be a greater setback from Jenolan Avenue.  All of the above changes are calculated to protect the amenity aspects of other pre-1946 development in the locality.

The appellant who was an adverse submitter has, it seems, achieved a certain amount of success in the proceeding.  Order as per initialled draft.

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