Kunda Park Central Pty Ltd v Sunshine Coast Regional Council

[2011] QPEC 32

[2011] QPEC 32

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 1057 of 2008

KUNDA PARK CENTRAL PTY LTD	Appellant
and
SUNSHINE COAST REGIONAL COUNCIL & ORS	Respondent

BRISBANE

..DATE 04/03/2011

..DAY 1

ORDER

CATCHWORDS

Sustainable Planning Act 2009 s 350
Integrated Planning Act 1997 s 4.1.52(2)(d)

"Minor change" where in a proposed industrial estate land near a creek was to be retained as open space, the number of lots reduced from 55 to 53, the road pattern changed and took access from only one point in the adjourning road rather than two.
HIS HONOUR: The court's made an order in terms of the initialled draft, which permits this developer appeal against a refusal of a development application to go ahead on the basis of changed plans. The order recites the court's satisfaction that the proposed changes to the development application, the subject of the appeal, are minor changes within the meaning of section 4.1.52(2)(b) of the Integrated Planning Act 1997 and section 350 of Sustainable Planning Act 2009.

Mr Schomberg's affidavit comprehensively sets out the changes
which have been considered by the court, leaving it comfortably satisfied that it ought to grant the relief sought as part of the directions order being made to facilitate the taking of further steps in the proceeding.

The most significant change is the removal from actual
development of the western 20 per cent or so of the
appellant's site, which is relatively low lying terrain close
to Eudlo Creek.

The Council has concerns about the appropriateness of
development in that location, but is unwilling to take
the relevant area into its ownership and responsibility.  It will be open space to be held by a body cooperate.

There is a slight reduction in the number of lots in this
industrial estate from 55 to 53.  The layout is changed in a
way that facilitates limiting movement from lot to lot within
the estate internally rather than by requiring use of Hoopers
Road.

In the original application, Hoopers Road formed a part of the
loop which serviced the lot and the sole access to about 10 of
the lots.  Now all of them can be accessed from the internal road system.

The eastern connection to Hoopers Road is being abandoned.
There's a slight change to what was originally proposed as a
drainage easement along the eastern boundary of the site.
That's now been designated a "reserve" which will apparently
have the same effect as an easement and does not signify the
Council becoming owner of the land.

The relevant area has been moved or expanded towards the west.
One consequence of that is that proposed lot 12 in the
south-eastern corner will be severed from the others by the
"reserve"/easement.

As Mr Schomberg's paragraph 12 sets matters out, after relevant investigations and calculations by him, the
development footprint reduces from 191,230 square metres to
151,630.  There are changes to the size of the proposed lots.
There is a relocation of the western access to the site off
Hoopers Road to enter the site more centrally.

There is also what appears to be no more than a nominal
change of the description of an area along the northern

boundary of the site from "retention basin" to "Energex
easement/dry retention basin/buffer zone".  Those changes are
minor from any point of view and would not stand in the way of
the appeal proceeding on the basis of them.  Orders as per initialled draft.

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