Dryden v Brisbane City Council

[2006] QPEC 28

[2006] QPEC 028

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

No BD3755 of 2005

GREGORY ANDREW DRYDEN and
AMANDA JANE DRYDEN

Appellants

and

BRISBANE CITY COUNCIL

and

MILL INVESTMENTS PTY LTD

No BD3786 of 2005

LLOYD JOWETT

and

BRISBANE CITY COUNCIL

and

MILL INVESTMENTS PTY LTD

Respondent

Co Respondent

Applicant

Respondent

Co-Respondent

BRISBANE

..DATE 17/03/2006

ORDER

CATCHWORDS: Intergrated Planning Act s 4.1.52(2)(b) - "minor change" where proposal for a car yard was changed by restricting activites within more confined areas, enlarging landscaped areas, etc.

HIS HONOUR: They are being dealt with together, Mr Jowett's appeal and Mr and Mrs Dryden's appeal. Both have been resolved on the basis of certain changes to the development which the Council had already approved. It is incumbent on the Court to be satisfied that any change is minor under section 4.1.52(2)(b) of the Integrated Planning Act 1997.

In every case the changes serve to reduce or ameliorate the impacts of the proposal, which is for a car yard, on the basis that one accepts that description being applied to new conditions which will confine in a smaller area and, in particular, to the site, activities in respect of vehicles and which will significantly enlarge the areas to be landscaped on the boundaries in association with the requirement of means being adopted to protect the landscaping from incursions by vehicles.

It may be that the new condition precluding amplified sound systems being used externally to the site might disappoint some, but essentially, I think, such a change is of the kind described already - as is the prohibition of use of shipping containers on the site for storage or display of vehicles. 

The Court has been told that previous experience has led the appellants to develop concerns of the kinds dealt with by the changes.  I have no difficulty in regarding them as minor and in those circumstances, in each matter, I will make an order in terms of the initialled draft. 

Each draft incorporates a revised conditions package and there are also before the Court and incorporated some revised plans.

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