May v Redland City Council
[2013] QPEC 69
•20 SEPTEMBER 2013
[2013] QPEC 69
PLANNING AND ENVIRONMENT COURT
JUDGE ROBIN QC
P & E Appeal No 3558 of 2013
JOHN MAY and ANOTHER Applicant
and
REDLAND CITY COUNCIL Respondent
BRISBANE
10.36 AM, FRIDAY, 20 SEPTEMBER 2013
JUDGMENT
CATCHWORDS
Developer approval changed to delete requirement for retention of a farm dam considered useful for wildlife in deference to practical difficulties
Sustainable Planning Act 2009 s369
HIS HONOUR: I make an order as per initialled draft. The effect of the order made is to change the detail of a reconfiguration approved by an order of Judge Rackemann that had become possible in consequence of the outcome of an appeal decided by me, May v Redland Shire Council [2009] QPEC 106; [2010] QPELR 225 The best efforts of all involved to save a farm dam, which in the approved plan of reconfiguration straddled lots 7 and 8, have been defeated by various considerations. It’s now proposed, with that the Council, presumably, reluctantly agreeing, is that the dam may be filled, contrary to earlier expectations that it would be available for wildlife enjoying the environment which the development conditions sought to preserve. Wildlife now won’t have that particular facility. There seems no escape from bowing to the exigencies of what is practicable on the ground.
______________________
0