Lynch v Brisbane City Council

[2011] QPEC 26

[2011] QPEC 26

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 1604 of 2010

ANGELA MARIE LYNCH	Appellant
and
BRISBANE CITY COUNCIL	Respondent

BRISBANE

..DATE 18/02/2011

..DAY 1

CATCHWORDS

Sustainable Planning Act 2009 s 350

"Minor change" where new plans for work to replace part of a house in a demolition control precinct permitted to be demolished simplified the roof line, exposing more wall which could be clad "sympathetically" in timber

HIS HONOUR: The court makes an order in terms of the initialled draft. It has the effect of allowing this appeal against the deemed refusal of an application for demolition of a house in a demolition control precinct at Alderley. The order recites the court's satisfaction that a change to the development application amounted to a minor change for purposes of section 350 of the Sustainable Planning Act 2009.

The relevant consideration for purposes of the section is whether there's a substantially different development happening.  The change applies to the building which will replace the one to be demolished.  It is a minor change, but one which is in keeping with the hope set out in the Planning Scheme that demolished buildings within demolition control precincts are replaced by new ones which compliment their surrounds.

The change is to the roof line, and best detected from the depiction in the western elevation.

The new roof over that part of the new building will now be in a single plane rather than exhibiting different angles and exposing more masonry.  An area of wall under the roof overhang is made available for sympathetic treatment by timber cladding which will increase the amount of timber cladding originally envisaged for the western elevation.

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