Queensland Education and Cultural Foundation Ltd v Brisbane City Council

[2011] QPEC 117

[2011] QPEC 117

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 1199 of 2011

QUEENSLAND EDUCATION AND CULTURAL FOUNDATION LIMITED (ACN 092 877 999)	Appellant
and
BRISBANE CITY COUNCIL	Respondent

BRISBANE

..DATE 01/09/2011

ORDER

CATCHWORDS

Minor change to development application
HIS HONOUR:  The court makes an order in terms of the initialled draft.  It offers less than the appellant wanted, being shorn of directions for the future conduct of the appeal.  It has advanced a considerable way and mediation has occurred, for example.

Ms Mitchell, for the respondent Council has only this morning become aware of the schedule of directions proposed and needs time to make inquiries to ensure that they're feasible.  So, the directions aspect of the appellant's application is adjourned to the 7th September 2011.

The initialled draft order achieves a situation in which the appeal will be heard and determined on amended plans. The tests in the Sustainable Planning Act 2009 and the predecessor in the Integrated Planning Act (which was often rather harder to satisfy) in respect of the “minor change” to a development proposal which would not stand in the way of an appeal proceeding on the basis of the change are easily satisfied.

The changes here are related to changes in the shape of two demountable classroom buildings.  One it seems will now be relatively permanent since the item is to be donated to the appellant, which runs a school.  A small external toilet will be added to the plans next to it to replace facilities that aren't going to be in the donated item whereas they were in its predecessor.  There's a small change in the dimensions of the other demountable. 

It's no longer proposed to demolish a carport forming part of the existing building.  That will be retained to provide a covered area for use by students during breaks and the like.  There are changes in the landscaping to accommodate the revised aspects and also changes internally within the existing building which no-one outside will notice at all.  The Council accept the changes are minor.

I'll add to your draft, “The appeal be adjourned for mention on the 7th September 2011”.  Thank you.

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