Isles v Brisbane City Council

[2010] QPEC 67

[2010] QPEC 67

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 852 of 2010

CHRISTOPHER ISLES AND OTHERS	Appellants
and
BRISBANE CITY COUNCIL	Respondent

BRISBANE

..DATE 28/07/2010

..DAY 1

ORDER

CATCHWORDS

Sustainable Planning Act 2009, s 350

Minor changes to development proposal considered "permissible change"

HIS HONOUR:  The Court has made an order in terms of an initialled draft which resolves this submitter appeal by local residents.

The appeal, as a matter of form, is allowed. What is approved is a changed development application. The changes are minor from any point of view and, in particular, as regards s 350 of the Sustainable Planning Act 2009. They don't result in a substantially different development.

On the ground floor level visitor parking is to be set back slightly further from Bradley Avenue, producing an area to be landscaped.  On the eastern elevation more decorative balustrades are to be provided than were hitherto envisaged wherever balconies are located and, in addition, modest awnings, which Mr Williamson explained as the kind found in traditional workers' cottages, are to be provided over windows.

The remaining change is on the side boundary adjacent to the appellant Carla Scott's property.  The previously proposed mixture of acoustic fencing and timber panel fencing is now replaced by a proposal to retain existing masonry fencing close to Bradley Avenue and have acoustic fencing further back on the block.  The changes made don't provide any basis for the Court not endorsing the resolution that the parties reached.  They should be congratulated on finalising this proceeding.

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