Panaretos v. Brisbane City Council

[2009] QPEC 10

[2009] QPEC 10

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

No 2598 of 2006

PANARETOS	Appellant
and
BRISBANE CITY COUNCIL	Respondent

BRISBANE

..DATE 04/03/2009

ORDER
CATCHWORDS: Integrated Planning Act 1997, s4.1.52(2)(b) - changes to proposed residential development considered minor change - relocation further from important vegetation.

HIS HONOUR:  The Court makes an order in terms of the initial draft which allows Mr Panaretos's appeal and approves his development application subject to conditions in the conditions package incorporated in the order.

As so often happens, the Court is called on to determine whether or not it's satisfied that changes to the proposal represent minor change, under section 4.1.52(2(b) of the Integrated Planning Act 1997.

The development application required notification because the site comes within the corridor associated with the Brisbane River.

The principal change is to push a unit building which is to be constructed to the rear of two existing character houses fronting Gladstone Road a few metres closer to those houses.  That will give greater clearance from important vegetation further down the hill.  The principal building will be accessed from High Street whereas the two houses which will be associated with it in a group title arrangement will continue to take their access from Gladstone Road.

At the suggestion of the Council there will be alterations made to those houses by way of provision of car ports in the front to encourage the residents to park off the street and open decks at the rear of the dwellings to provide outdoor recreation space thought to comply with modern ideas of suitable residential premises in Brisbane.

Although the development application was publicly notified, there were no submissions.  It's inconceivable in my view that anything to do with the changes would have attracted a submission from any reasonable person.  The new building will be further up the hill and a little more obvious but still within relevant height constraints.  Apart from the changes to the houses mentioned, the only other change in built form will be the lengthening of a covered way from the High Street car ports to the principal building.  Thank you.

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