Ken Ryan and Associates Pty Ltd v Brisbane City Council

[2013] QPEC 63

[2013] QPEC 63

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 4851 of 2012

KEN RYAN AND ASSOCIATES PTY LTD  Appellant

and

BRISBANE CITY COUNCIL and OTHERS                   Respondent

BRISBANE

9.27 AM, THURSDAY, 19 SEPTEMBER 2013

JUDGMENT

CATCHWORDS

Minor change - reduction from six storeys to four in a line of apartment buildings along the Brisbane River

Sustainable Planning Act 2009 s350

HIS HONOUR: The Court makes an order in terms of the initialled draft. The only feature which has required the Court’s attention is a change to the proposed development – or series of changes which, essentially, reduces the scale of it. In particular, by reducing the height of a line of eight apartment buildings along the Brisbane River from six storeys to four. While from one point of view it may be arguable that this makes the development substantially different, the point of the changes which the Council is amenable to is to reduce impacts, and, consistently with the approach which has traditionally been taken in the Court,the test acceptable minor change under section 350 of the Sustainable Planning Act 2009 an be seen to be satisfied.

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