Prettejohn v Cairns Regional Council

PLANNING & ENVIRONMENT COURT
OF QUEENSLAND

CITATION:

Prettejohn v Cairns Regional Council & Ors [2012] QPEC 23

PARTIES:

ROBERT HUGH PRETTEJOHN
(Appellant)
v
CAIRNS REGIONAL COUNCIL
(Respondent)
CHIEF EXECUTIVE, DEPARTMENT OF ENVIRONMENT AND RESOURCE MANAGEMENT
(First Co-respondent by Election)
SAVE OUR SLOPES COMMUNITY ACTION GROUP INC
(Second Co-respondent by Election)

FILE NO/S:

159 of 2010

DIVISION:

PROCEEDING:

Appeal

ORIGINATING COURT:

Planning and Environment Court, Cairns

DELIVERED ON:

30 March 2012

DELIVERED AT:

Cairns

HEARING DATE:

6-17 February and 5-8 March 2012

JUDGE:

Everson DCJ

ORDER:

The appeal is dismissed

CATCHWORDS:

ENVIRONMENT AND PLANNING – PLANNING SCHEMES – CONSTRUCTION OF PLANNING SCHEMES –conflict with planning scheme – conflict with the strategic plan- grounds – complex engineering solutions – minor earthworks – visual amenity

Integrated Planning Act 1997 (Qld), s 4.1.52, s 4.1.52(2), s 6.1.28, s 6.1.29(3), s6.1.30(3)
Local Government (Planning and Environment) Act 1990 (Qld), s 4.4(3)(b), s 4.4(5A), s 5.1(6A)
Sustainable Planning Act 2009 (Qld), s 819

Elan Capital Corporation Pty Ltd & Anor v Brisbane City Council & Ors [1990] QPLR 209
Palyaris v Gold Coast City Council [2004] QPELR 162
Weightman v Gold Coast City Council [2003] 2 QdR 441

COUNSEL:

C Hughes SC and T Fantin for the Appellant
R Litster SC and P Djohan for the Respondent

SOLICITORS:

Williams Graham Carman for the Appellant
MacDonnells Law for the Respondent
Environmental Defenders’ Office of Northern Queensland Inc for the Second Co-respondent by Election

Introduction

1. This is an appeal against the decision of the respondent on 7 July 2010 to refuse a development application for a Development Permit for a Material Change of Use for dwelling houses and a Development Permit for Reconfiguration of a Lot on land at Taylor Point north of Cairns.

1. The development application, the subject of this appeal, currently seeks the reconfiguration of Lot 10 on RP 24040 into 30 residential lots plus park and a material change of use for dwelling houses (“the development application”).

1. The subject site covers the entire currently undeveloped area known as Taylor Point, an area of approximately 18.8 hectares which has frontages to Marana Street, Moore Street and Wilmas Street, Trinity Beach to the south, the only landward side. 

1. The topography of the site consists of low lying land adjacent to the beach to the west and south west, steep rocky cliff faces to the east and a combination of rocky outcrops and beach to the north.  Internally, the site rises to a steep ridge running generally in a northerly direction through the site, with a series of gullies running down from this ridge.[1]

   [1]Ex 5 para 3.1.2

1. The site is a well vegetated coastal headland with a variety of vegetation including vine forest which is predominantly on the western side and open forest on the ridge and on the eastern side.  Although the precise mix of vegetation was the subject of some dispute, it is currently mapped as showing five remnant regional ecosystems, three of which are classified as being of concern.[2]

   [2]Ex 13 para 1.1

1. Historically,…