Marriott v Brisbane City Council

The Brisbane City Council sought to demolish a house located in a suburb of Brisbane. The house was subject to two overlays, the Traditional Building Character Overlay and the Traditional Building Character (Demolition) Overlay. The property owner, Marriott, opposed the demolition on the grounds that it would result in the loss of traditional building character. The council argued that the house did not contribute positively to the visual character of the street and that the demolition would not result in the loss of traditional building character. The matter was appealed to the Queensland Planning and Environment Court.

The court had to determine whether the demolition code performance and acceptable outcomes were satisfied. Specifically, the court had to consider whether the demolition would result in the loss of traditional building character and whether the subject house was in a street that has no traditional character. The court also had to consider whether the subject house was a building which does not contribute positively to the visual character of the street.

The court found that the demolition code performance and acceptable outcomes were not satisfied. The court found that the house was a traditional building and that its demolition would result in the loss of traditional building character. The court also found that the street in which the house was located did have traditional character and that the house contributed positively to the visual character of the street. The court found that the council's decision to approve the demolition was unreasonable and remitted the matter to the council for reconsideration.

The appeal was allowed, and the matter was remitted to the council for reconsideration. The council was required to consider the loss of traditional building character and the contribution of the house to the visual character of the street.