Leach v Brisbane City Council

PLANNING & ENVIRONMENT COURT
OF QUEENSLAND

CITATION:

Leach & Ors v Brisbane City Council [2011] QPEC 55

PARTIES:

Janet Leach, David Morris and Yvana Jones
(Appellants)

V

Brisbane City Council
(Respondent)

FILE NO/S:

BD 2475 of 2010

DIVISION:

Planning and Environment

PROCEEDING:

Appeal

ORIGINATING COURT:

Brisbane

DELIVERED ON:

8 February 2011

DELIVERED AT:

Brisbane

HEARING DATE:

31Janurary 2011

JUDGE:

Searles DCJ

ORDER:

APPEAL ALLOWED

CATCHWORDS:

PLANNING AND ENVIRONMENT – DEMOLITION CODE – whether the demolition will result in the loss of traditional building character.

PLANNING AND ENVIRONMENT – DEMOLITION CODE – whether the building contributes positively to the visual character of the street.

COUNSEL:

S.M URE – Appellant

T.Trotter – Respondent

SOLICITORS:

Appellant – HWL Ebsworth Lawyers

Respondent – Brisbane City Legal Practice

Nature of the appeal

1. The appellant’s appeal pursuant to s 461 of the Sustainable Planning Act 2009 (SPA) against the refusal by the Council of a Development Application dated 18 June 2010 for the preliminary approval for building work for the demolition of two pre-1946 houses situated at 5-11 Orleigh Street, West End being lots 113, 114, 115 and 240 on RP10977.  They have a total area of 1545sqm, are classified as Low-Medium Density Residential under City Plan 2000 and are within a Demolition Controlled Precinct within the City Plan.  Pursuant to s 493 of SPA the appellants bear the onus of proof.  

1. Orleigh Street runs in an east-west direction between Montague Road to the west and Hoogley Street to the east.  It is separated from the Brisbane River by Orleigh Park and the Ferry Terminal and City Glider Bus service shelter located at the eastern end of Orleigh Street.  At the western end of Orleigh Street at its corner with Hoogley Street there is a vacant allotment on No. 1-1A Orleigh Street.

The Houses

1. No. 5 Orleigh Street is the first house at the eastern end of Orleigh Street and abuts vacant allotment No. 1-1A Orleigh Street.  It is a pre-1946 double gabled house with a verandah which has been enclosed some time after it was built.  It has weatherboard wall sheeting and a corrugated iron sheeted roof.  There is a corrugated iron sheeted roof over the main front window which has hoods over it.  The side windows have traditional hoods sheeted with corrugated iron.  The house is raised on stumps and battened under, has a central core with attached verandah characteristic of timber and tin houses. 

1. The second house at 9-11 Orleigh Street is also a traditional timber and tin double gable house with a central core and attached verandahs which have been enclosed.  It is raised on stumps with battening underneath.  The gable and pitched roofs are sheeted with corrugated iron.  Both the double hung window at the front and the side windows have traditional corrugated iron hoods.[1]

   [1] Veal Report Exhibit 4 paras 3.2; Macdonald Report Exhibit 3 paragraph 3.2 (Agreement that subject houses are traditional “timber and tin”

Submitters

1. The application resulted in 25 submissions and a petition containing some 160 signatures.…