Joyfulland Pty Ltd v Brisbane City Council

[2012] QPEC 61

[2012] QPEC 61

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 2714 of 2012

JOYFULLAND PTY LTD	Applicant
and
BRISBANE CITY COUNCIL	Respondent

BRISBANE

..DATE 28/09/2012

ORDER

CATCHWORDS

Sustainable Planning Act 2009 s 369, s 375, s 376

Application to court for "permissible change" to an approval for a 34 lot townhouse development - change is only to introduce staging - Council supportive - query whether application was necessary at all.
HIS HONOUR:  The court made an order in terms of the initialled draft without much examination of the detail.

The only change to be made to the development approval constituted by an order of the court of the 23rd of June last year is to introduce staging in respect of a townhouse development which I understand consists of about 34 lots.

There was no reference to staging previously.  The development will now be implemented in about five separate stages and perhaps over a longer time than otherwise.  It may well be, I don't know, that it was open to the applicant to stage its development in practice in any event.

Council is supportive of the application and the court, accordingly, makes the order.

...

HIS HONOUR: Order as per initialled draft. The court's grateful to receive those section 376 notices to spare the Registrar the trouble of having to prepare them himself.

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