Portfolio Projects (Holdings) Pty Ltd v. Central Highlands Regional Council

[2010] QPEC 88

[2010] QPEC 88

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 1283 of 2009

PORTFOLIO PROJECTS (HOLDINGS) PTY LTD & ANOR	Appellant
and
CENTRAL HIGHLANDS REGIONAL COUNCIL	Respondent

BRISBANE

..DATE 27/08/2010

ORDER

CATCHWORDS

Integrated Planning Act 1997, s 3.5.32

Appeal allowed (by consent) with effect of approving changes in development conditions - currency period extended - increase in lots from 386 to 399 achieved by limited redesign of road pattern

HIS HONOUR:  The court has made an order in terms of the initialled draft which allows an appeal with the effect of approving the appellants' request to amend the conditions attaching to an approval to permit a reconfiguration included in the Council's decision notice, D429 of 2007, made in April 2009.  The relevant section of IPA is section 3.5.33.

Mediation has occurred, followed by negotiations resulting in an outcome proposed to the court which is acceptable to the appellants/developers and to the Council.

Consistently with the approach that has been taken before in decisions such as Habitat Development Group Pty Ltd v Sunshine Coast Regional Council [2009] QPEC 37 and Dimensions Property Group Pty Ltd v Brisbane City Council [2009] QPEC 41, the court has examined the proposed changes with a view to ensuring as, effectively, guardian of the public interest that the changes to conditions sought are appropriate and, in particular, do not involve assessable development.

There are changes to the proposal as it would be constructed on the ground and an additional change by way of extending the currency period so that it will run from today rather than as would otherwise be the case in the circumstances from the date of the decision notice.

On a previous occasion, in the matter of Cemex Australia Pty Ltd v Bundaberg Regional Council [2009] QPEC 20, which is referred to in Dimensions at page 11, extension of a currency period has been accepted to be a matter of conditions.

The changes have the effect, which I think ought to be commended in current circumstances, of increasing the lot yield in a large subdivision on a site of almost 200 hectares from 386 to 399.  That is done essentially by increasing the number of smaller lots.  There may also be an increase in the number of larger lots.

The additional land has been made available by slight readjustment to the street pattern.  A park, centrally located within the development, will no longer be surrounded by roads on all sides but in the west will abut three residential allotments.  The size of the park has been increased on the eastern side of what might be called the development footprint, adjacent a large area of open space to be vegetated, and a road, which was to mark the eastern limit of the development footprint, has been located further to the west to permit the provision of a number of residential allotments which will now provide the interface with the area to the east which is not to be developed.

Mr Haydon says there are issues to do with that vegetated area and perhaps others to the west and the south-west which have always been going to abut residential properties.

What happens today has no impact on what might happen in any of those areas which has been, and doubtless remains, the concern of the Department of Environment and Resource Management.

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