Dimensions Property Group Pty Ltd v Brisbane City Council

Dimensions Property Group Pty Ltd applied to the Queensland Planning and Environment Court for a change to the conditions of a development approval granted by the Brisbane City Council. The development approval concerned a material change of use and a preliminary approval for building work for office space within the approved premises. The application sought to alter the conditions by increasing the limited area of enclosed office space on the sixth level of the building. The Brisbane City Council opposed the application, arguing that the proposed changes constituted assessable development under the Integrated Planning Act 1997, which would preclude the court from granting the requested relief.

The legal issues before the court centred on whether the proposed changes to the development approval constituted an "assessable development" under sections 3.5.24 and 3.5.33 of the Integrated Planning Act 1997. Specifically, the court had to determine if the changes represented building work that would require a new approval under the Act. If the changes were deemed to be building work, the court would be precluded from granting the application for relief without the necessary new approval. The court also had to consider the implications of the original development approval, which mandated that the development be in accordance with the plans as approved.

In delivering its judgment, the court found that the proposed changes to the development approval did not constitute assessable development under the Act. The court concluded that the changes were minor and did not alter the fundamental character of the approved development. The court also noted that the original approval had already been granted in accordance with specific plans, and that the proposed changes were consistent with those plans. Consequently, the court determined that it had the authority to grant the application for a change to the conditions of the development approval. The court then proceeded to modify the conditions of the development approval to reflect the requested changes, as per the draft submitted on 15 May 2009.