Peach v Brisbane City Council & Anor

Peach brought an appeal against a decision by the Brisbane City Council to approve a development application. The application was for a mixed use high-rise development in a designated residential area. The dispute centred around the contention that the approved development did not comply with the planning scheme in force at the time the application was made. The appellant also argued that the approved development was of an excessive bulk and scale, of an inappropriate design, inconsistent with the character of the area, and would have unacceptable impacts on adjoining residential development. The Brisbane City Council argued that the planning controls in force at the time the application was made had been overtaken by events, and the amended planning controls should be taken into account.

The legal issues before the court included whether the planning controls in force at the time the application was made had been overtaken by events, whether the development was of an excessive bulk and scale, whether it was of an appropriate design, whether it was inconsistent with the character of the area, and whether it would have unacceptable impacts on adjoining residential development. The court also had to consider whether the application should be approved in the exercise of the planning discretion.

The court found that the planning controls in force at the time the application was made had not been overtaken by events, and therefore the amended planning controls could not be taken into account. The court found that the development was of an excessive bulk and scale, and of an inappropriate design. The court also found that the development was inconsistent with the character of the area, and would have unacceptable impacts on adjoining residential development. However, the court exercised its planning discretion and approved the development application.

The court's orders were in accordance with paragraphs [312] and [313] of these reasons for judgment.