GBW Investments Pty Ltd v Brisbane City Council

GBW Investments Pty Ltd sought to appeal against the Brisbane City Council's refusal to approve a change to their previously granted development approval for a multi-unit dwelling and an adjacent heritage building. The Brisbane City Council had refused the change on the basis that it was not minor, as required by the Planning Act 2016. The appeal was heard in the Queensland Planning and Environment Court. The primary legal issue for the court was to determine whether the proposed change would increase the severity of known impacts on the heritage place and whether it would result in a dramatic change to the built form in terms of scale and bulk.

The court examined the nature of the proposed change, which involved increasing the height of the dwelling by one storey, and the implications of this change for the heritage building. The court found that the proposed change would indeed increase the severity of known impacts on the heritage place, as it would exacerbate the overshadowing effects on the heritage building. Additionally, the court concluded that the proposed change would result in a dramatic alteration to the built form, significantly impacting the scale and bulk of the development. The court found that these factors justified the council's refusal of the change application.

As a result, the court dismissed the appeal and confirmed the council's decision to refuse the change. The court held that the proposed changes were not minor as they would significantly impact the heritage building, both in terms of overshadowing and the overall built form. The final orders of the court were that the appeal was dismissed, and the decision of the council to refuse the change was upheld.