Filestock Pty Ltd v. Caboolture Shire Council

[2009] QPEC 23

[2009] QPEC 23

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P&E Appeal No 278 of 2007

FILESTOCK PTY LTD	Appellant
and
CABOOLTURE SHIRE COUNCIL	Respondent

BRISBANE

..DATE 03/04/2009

ORDER

CATCHWORDS: Integrated Planning Act 1997 s4.1.52(2)(b) - appeal against deemed refusal of application for reconfiguration.  Minor change where access was now to be taken by a cul-de-sac road entering from the street to which the site had frontage, rather than by a much longer cul-de-sac road to another street dependent on part of the road being provided on adjacent land not yet developed - the new access arrangement was conformable with the Councils long term planning.
HIS HONOUR:  The Court makes an order in terms of the

initialled draft.  Some time was devoted to the appeal last

Wednesday.  It was adjourned to today to enable the Council to

prepare a formal order incorporating a conditions package to

set out the way in which the development ought to proceed

consequent on the anticipated allowing of the appeal, which

was against a deemed refusal of a code assessable application

for reconfiguration.

The concerns the Council had have now been alleviated, but the

Court still has to be satisfied that the appeal is an

appropriate vehicle in which to consider the appellant's

revised proposal.  That depends on the changes made to satisfy

the Council being accepted by the Court as minor change for

the purposes of section 4.1.2(52)(b) of the Integrated

Planning Act 1997.

Another reason for the adjournment was to enable the

co-respondent by election, the Main Roads Department, to

consider its attitude to the dominating change, which is one

of the road design instead of taking its access.  From

Lawrence Street to the south, along what would have been a

long road culminating in a cul-de-sac, the seven new

residential lots proposed will now take their access from

Jocelyn Street to the east, and reasonably close to Beachmere

Road which the Department controls.  This change will provide

the connection which the Council's local area structure plan,

Exhibit 4, has been seeking as a part of its long-term

planning.

While there's a definite change in Jocelyn street by the

introduction of a short cul-de-sac to the west, it's difficult

to see anything but good in that, given the traffic

imperatives of getting some suitable connection to the north

and ultimately to Beachmere Road.  The Council was justified

in thinking the arrangements originally proposed by the

appellant for access to the wider road system were less than

optimal.

Another change favourable to the application is the provision

on lot 10, which was the south-eastern corner block, of a 300

square metre detention basin which will alleviate concerns the

Council previously had regarding drainage issues.  Lot 10 will

now be the only one with a frontage to Jocelyn Street.  There

is a rearrangement of lots 9 and 10 by redefining the boundary

between them by a north-south line rather that an east-west

one so that lot 9's access will be to the new road leading to

Jocelyn Street.  From any relevant point of view, the changes

are minor and beneficial.

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