Rintoul v Brisbane City Council and Greengate Property Group (No 2)

The appeal before the Court was brought by Rintoul against the Brisbane City Council and Greengate Property Group, concerning a planning decision related to the development of an integrated aged care and independent living facility on land that includes a Heritage Place, St Luke’s Church, and is partially within a Demolition Control Precinct. The central issues before the Court involved the potential heritage impacts of the proposal, including the relocation of a pre-1948 house within the Demolition Control Precinct, as well as the amenity impacts on the surrounding locality.

The legal issues the Court had to address included whether the school on the site had heritage values, if the proposed development would adversely affect the views of the Heritage Place, and whether the proposal conflicted with the relevant Heritage and Demolition codes. Additionally, the Court examined if the bulk, scale, and density of the proposed development would unacceptably impact the amenity of the surrounding area and whether it would affect the character values of the locality.

The Court found that the proposal did not adversely affect the views of the Heritage Place, and the relocation of the pre-1948 house within the Demolition Control Precinct was not in conflict with the relevant codes. Furthermore, the Court concluded that the proposal did not unacceptably impact the amenity of the surrounding locality or its character values. Given these findings, the Court dismissed the appeal.

The final orders of the Court were to dismiss the appeal brought by Rintoul against the Brisbane City Council and Greengate Property Group.