Riddel v Redland Shire Council

[2007] QPEC 50

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 560 of 2006

ROBERT RIDDEL	Appellant
and
REDLAND SHIRE COUNCIL	Respondent
BRISBANE ..DATE 22/02/2007
ORDER

Catchwords only where there was some rearrangement of an access driveway to be constructed in a road reserve.

22022007 T(1)07/MLM (BNE) M/T BRIS 11 (Robin DCJ)

HIS HONOUR: I make an order in terms of the initialled draft.	1
Its terms indicate that the Court is satisfied that changes to the appellant's proposal are minor change within section 4.1.52(2)(b) of the Integrated Planning Act 1997. There is little difficulty about that. The changes affect only

10

arrangements for the access which is to be provided to the two
new residences proposed from Midjimberry Road by a rising

track.

The levels are to be changed by reduction of a cut at the top

20

and a compensating amount of fill lower down. The access
track is to be widened from about 3 metres to 3.5 metres to
facilitate opposing traffic - seen as being in the form of a
vehicle and a wheelchair. The changes may facilitate future

access to properties further along from the top.

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Mr Hughes has summarised the three submissions which came to the Council. The concerns there ventilated about clearing he says may be alleviated in practice by the relocation of the access track closer to the property alignment but still within

40

the Council's road reserve.

It does not appear to me that any additional submissions might have been attracted had the proposal now designed been the one advertised. Changes can be identified by comparing Exhibit 2,

50

the original driveway plans, with Exhibit 3, representing

those now proposed and approved by the Court's order.

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2 ORDER 60