Hart v Brisbane City Council

[2007] QPEC 123

[2007] QPEC 123

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No BD3794 of 2006

JAMES HART AND SIMONE HART	First Appellant
and
JANE CORRIE	Second Appellant

and and

MARY BOSTROM Third Appellant
and
JOHN STEPHENS and TARYN STEPHENS Fourth Appellant
and
JOHN DAVIES and SUE DAVIES Sixth Appellant
and
BRISBANE CITY COUNCIL Respondent
and

ST LUCIA DEVELOPMENTS PTY LTD Co-respondent

BRISBANE

..DATE 01/06/2007

ORDER
CATCHWORDS: "Minor change" where reconfiguration of a

basement carpark and terrace area above resulted in a more favourably sloped and effectively larger area abutting the neighbouring property for "deep planting."

HIS HONOUR: The Court is asked to determine that change in	1
the plans incorporated in the order from the plan approved by the Council, which preceded the appeal, is minor change.
The order does identify the changes and recite the Court's

10

satisfaction that they are minor. That is indeed the case and
it seems to be, from every point of view, the changes improve

the situation.

Essentially basement car parking is reconfigured to make

20

available at the southern boundary of the development a more
favourably-shaped and effectively larger area to permit deep
planting. That has been achieved by removing a southerly
protruding area of basement car park and extending the

southern boundary slightly so that the developer has been able

30

to accommodate the same number of car spaces. There are
reductions in terraced areas at higher level to accommodate
the largish trees which it is hoped will establish on the

site. Those changes are minor.

40

Order in terms of the initialled draft.

-----

50

2 ORDER 60