Farrah v Brisbane City Council

PLANNING AND ENVIRONMENT COURT
OF QUEENSLAND

CITATION:

Farrah v Brisbane City Council [2016] QPEC 19

PARTIES:

JEFFREY FARRAH

(appellant)

v

BRISBANE CITY COUNCIL

(respondent)

FILE NO/S:

3627/2014

DIVISION:

Planning & Environment

PROCEEDING:

Appeal

ORIGINATING COURT:

Planning & Environment Court of Queensland, Brisbane

DELIVERED ON:

14 April 2016

DELIVERED AT:

Brisbane

HEARING DATE:

16, 17, 18 and 24 March 2016

JUDGE:

RS Jones DCJ

ORDER:

1.   The appeal is allowed.

2.   I will hear from the parties as to any consequential orders.

CATCHWORDS:

APPEAL AGAINST REFUSAL OF AN APPLICATION TO DEMOLISH TWO PRE-1911 HOUSES – where houses located in inner city suburb of West End – where houses located in a Demolition Control Precinct

WHERE THE HOUSES ARE STRUCTURALLY UNSOUND – whether the houses are reasonably capable of being made structurally sound – where houses are located in an area of mixed development

VALUATION EVIDENCE – where evidence of the value of the land and houses thereon of little assistance

Sustainable Planning Act 2009

Craig Securities (No. 2) Pty Ltd v Brisbane City Council [2006] QPELR 601

Gould v Brisbane City Council [2001] QPELR 77

Ken Ryan & Associates Pty Ltd v Brisbane City Council & Ors [2008] QPELR 147

COUNSEL:

Mr R Laidley for the appellant

Mr M Williamson for the respondent

SOLICITORS:

McCarthy Durie Lawyers for the appellant

Brisbane City Legal Practice for the respondent

1. This proceeding is concerned with an appeal against the respondent’s refusal to grant a Preliminary Approval to carry out building works and, in particular, its refusal to allow the appellant to demolish two pre-1911 houses.  For the reasons set out below the orders of the court are:

The appeal is allowed.1.          

I will hear from the parties as to any consequential orders. 2.          

Background

1. The houses are located at 8 and 10 Amersham Street in the inner city suburb of West End.  As is the case with a number of precincts within that suburb, the two dwellings are located in an area of mixed land uses.  Mr Kamitsis, the valuer relied on by the respondent, described the suburb as an “eclectic” area.[1]  It would be fair to say though that these two houses are located in an area of more various land uses than many other locations within West End. 

   [1]Transcript (T) 3-97 LL 26-32.

1. Amersham Street runs in a virtually north south direction and the two houses are located on the eastern side of the street.  Accordingly, they face almost due west.  Immediately to the south are two unit/flat complexes of different vintages with little aesthetic appeal.  Immediately to the north is a timber unit/flat development, also of little aesthetic merit.  To the immediate northwest is a similar complex and to the immediate southwest (if not, directly opposite) is a modern commercial radio station building and, slightly further to the west a large industrial complex.[2]  The two houses are located at the southern end of Amersham Street where it dead ends a short distance past the southernmost house.  The northernmost house (8…