Nicholas Constructions Pty Ltd v Logan City Council

[2006] QPEC 79

[2006] QPEC 079

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 3880 of 2005

NICHOLS CONSTRUCTIONS PTY LTD	Appellant
and
LOGAN CITY COUNCIL	First Respondent
and
STATE OF QUEENSLAND	Co-Respondent

BRISBANE

..DATE 26/05/2006

ORDER

CATCHWORDS: Integrated Planning Act s 4.1.52 changes calculated to ameliorate submitter concerns referred to in amended conditions but not shown in plans held "minor change".

HIS HONOUR: The Court makes an order in terms of the initialled draft which contains an approval package incorporating conditions. The Court has to invoke section 4.1.52 of the Integrated Planning Act 1997 in respect of certain changes to the proposal which it is apparent represent minor change from any point of view.

The changes do not appear on the plans included in the conditions package - which makes it appropriate that the Court note them.  They are described in paragraph 9 of an affidavit of Mr Barrett, a copy of which has been tendered as Exhibit 1 given the failure of the original (said to have been filed yesterday) to reach the courtroom this afternoon.

The changes are incorporated in the words of the conditions.  They are adopted essentially to ameliorate the concerns of submitters, in particular neighbours.  There is a new feature of a 1.8 metre high acoustic timber fence along the western boundary but set back three metres.  There is a continuation of that fence with a lockable gate in a section where there apparently had not been acoustic concerns.

There is a boom gate at the vehicle boundary cross-over on the frontage.  Privacy screens for all second-storey windows along the western elevation are now part of the proposal as is a spoon drain along the western boundary which is intended to protect the western neighbour from scouring and like consequences in times of heavy runoff.

I order in terms of the initialled draft.

‑‑‑‑‑