Intrapac Parkridge Pty Ltd v Logan City Council

PLANNING AND ENVIRONMENT COURT OF QUEENSLAND

CITATION:

Intrapac Parkridge Pty Ltd v Logan City Council & Anor [2014] QPEC 48

PARTIES:

INTRAPAC PARKRIDGE PTY LTD

(ACN 122 303 495)

(Appellant)

and

LOGAN CITY COUNCIL

(Respondent)

and

AUSTRALAND INDUSTRIAL NO. 72 PTY LTD

(ACN 106 214 966)

(Co-Respondent)

FILE NO/S:

BD 3550 of 2012

PROCEEDING:

Appeal

ORIGINATING COURT:

Planning and Environment Court of Queensland

DELIVERED ON:

29 August 2014

DELIVERED AT:

Brisbane

HEARING DATE:

2-4 April 2014, with supplementary submissions and exhibit received 26 May 2014

JUDGE:

Rackemann DCJ

ORDER:

The conditions will be varied in accordance with paragraph 47 of these reasons. The appeal is adjourned to permit the parties to formulate the terms of the order.

CATCHWORDS:

PLANNING AND ENVIRONMENT – submitter appeal – where Council approved an application to facilitate a  residential estate – where approval was subject to conditions concerning the dedication and construction of a road which would give access to the submitter’s land – where conditions required the road within stages 1 and 2, but the co-respondent asserts that does not mean that ‘Stage 2’ has to be the second stage developed – whether conditions requiring  the dedication and construction of the road during the early stages of the development are lawful and ought be imposed in the exercise of discretion

COUNSEL: 

D O’Brien QC and K Wylie for the appellant

B Job for the respondent

M Williamson for the co-respondent

SOLICITORS:

Gantt Legal for the appellant

Corrs Chambers Westgarth for the respondent

McCullough Robertson for the co-respondent

Introduction

1. This appeal relates to the approval of the co-respondent’s (Australand) development application for:

(a)        a preliminary approval (for a material change of use) varying the effect of the planning scheme; and

(b)        a development permit for the reconfiguration of a lot.

1. The development approval is to facilitate the development of a ‘greenfield’ site at Park Ridge for a residential estate which is also to include a local centre, park/environmental reserve areas and a bio-retention basin. That development is intended to be effected in stages. The preliminary approval relates to the whole of the site. The development permit for reconfiguration relates to Stage 1 only.

1. The site has an area of some 23.57ha. It has a 10m frontage to Chambers Flat Road to the east, a 620m frontage to East Beaumont Road to the south, and a 90m frontage to Lindenthal Road to the west. The site forms an elongated east-west linear site, with primary access from East-Beaumont Road, which is currently unsealed.

1. The appeal was set down to be heard together with two other submitter appeals, by Allgreen Qld Pty Ltd (Allgreen) and by Claremont Holdings Pty Ltd (Claremont) respectively. The Allgreen and Claremont appeals were resolved upon a minor change being made to the proposal. This appeal was pursued by Intrapac Park Ridge Pty Ltd (Intrapac), which owns land to the immediate north that it also wishes to develop for residential purposes.

1. Although the appeal is by an adverse submitter, it is common ground that…