Resort Corp Noosa Sanctuary No 1 Pty Ltd v. Noosa Shire Council

[2007] QDC 162

[2007] QDC 162

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 1365 of 2007

RESORT CORP NOOSA SANCTUARY NO.1 PTY LTD	Applicant
and
NOOSA SHIRE COUNCIL	Respondent

BRISBANE

..DATE 11/07/2007

ORDER

Catchwords
Integrated Planning Act 1997 s 3.5.33(1)(b) - condition in earlier Court order incorporating a development approval changed by a further order - no assessable development arose.

HIS HONOUR: This is an application under section 3.5.33 of the Integrated Planning Act 1997 to have changed conditions of the development approval incorporated in an order made by Judge Quirk on the 12th of November 1999 in proceeding 425 0f 1995. The applicant contends and the Council accepts that, to quote sub-section (1)(b), "no assessable development would arise from arise from the change". That makes it a simple matter for the Court whose order has been changed; action must be taken by it , as the relevant "entity" within the section as opposed to the Council or any other decision making body, if the change is to be approved.

I feel no difficulty in going along with the parties' considered positions.  There are three changes.  The first relates to the designs of residential buildings envisaged in Judge Quirk's order which the Council's recent report identifies as "Tuscan" in style.  What is now proposed involves a more light weight appearance of the buildings which many, including the applicant, which apparently does not bear responsibility for the original designs, would regard as more in keeping with the ambience of Noosa.  Apart from external appearance, there will be nothing to notice flowing from the change.

The second aspect concerns building heights in relation to approved filling.  Everything before the Court indicates that it is correct to say that this is simply a case of replacing two current approved plans with "comparable new plans". 

The last matter overseen is even more minor.  It involves some refining or clarification of the word "gymnasium" which appears in existing condition 51 by adding the following "(including, but not necessarily limited to, spas, salon and wellness centre)", those words to be inserted after the word "gymnasium".  In the circumstances, I make an order in terms of the initialled draft which Mr Hinson has handed up. 

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