Rudolf Steiner Education Group Brisbane Inc v Pine Rivers Shire Council

[1999] QPEC 30

IN THE PLANNING AND ENVIRONMENT COURT

HELD AT BRISBANE

QUEENSLAND

[RUDOLF STEINER EDUCATION GROUP BRISBANE INC.  v.  PINE RIVERS SHIRE COUNCIL & ORS]

P & E APPLICATION NO.  3902 OF 1997
Before His Honour Senior Judge Skoien

BETWEEN:

RUDOLF STEINER EDUCATION GROUP BRISBANE INC.

Appellant

AND:
  PINE RIVERS SHIRE COUNCIL

Respondent

Judgment delivered: 30 July 1999

Counsel: Mr Haydon for the appellant

Mr Hughes for the respondent

Solicitors: Lester Manning for the appellant

Pine Rivers Shire Solicitor for the respondent   

Hearing Dates: 21, 22 July 1999

IN THE PLANNING AND ENVIRONMENT COURT
HELD AT BRISBANE
QUEENSLAND
  P & E Application No.  3902 of 1997

BETWEEN:

RUDOLF STEINER EDUCATION GROUP BRISBANE INC.

Appellant

AND:
  PINE RIVERS SHIRE COUNCIL

Respondent

REASONS FOR JUDGMENT - SKOIEN S.J.D.C.

Delivered the 30th day of July 1999

This is an appeal by the School against two conditions which the Council has imposed on an approval to re-zone land.  The rezoning seeks a change of zone from Special Facilities (pre-school and primary school accommodating a maximum of 230 students) to Special Facilities (pre-school, primary school and secondary school accommodating 420 students).  The existing zone provides pre-school and primary school facilities, now constructed and operating, while the proposed rezoning seeks the addition of a secondary school and associated facilities.

The Site and Locality

The site, having an area of 7.6 hedctares, is on the corner of Narrawa Road and Atanie Court, about 4 kilometres from Samford Village.  It is roughtly in the shape of a rectangle, the long side having a frontage of about 240 metres to Narrawa Road, the depth being about 100 metres.  The land slopes downward from Narrawa Road and there is on it substantial natural and introduced vegetation in the form of trees and shrubs.  The existing school has a number of detached school buildings with associated roadways, paths, parking areas and playgrounds.  These blend pleasantly with the site and the vegetation and are quite unobtrusive.

The site is contained within a rural residential development in the rural residential zone in which the lot sizes vary between 2 and 4 hectares.  Most of them have houses on them, particularly those closest to the site.  They enjoy (subject to the presence of the school) a pleasant rural residential amenity.

The Disputed Conditions
  (a) Height of Buildings

Condnitions which the Council seek to impose on the re-zoning to permit the expansion of the School to include a secondary school require all proposed buildings to be single storey.  One of the proposed buildings is a proposed auditorium the ... tower of which (to permit the “flying” or hoisting of scenery) is of a total height of about 9 metres, well above that of a single storey building.  There are also to be one or more buildings which although of single storey at the uphill side are high enough at the downhill side to permit the incorporation of underfloor store rooms, giving rise to the question whether they are of one or two storeys.

This dispute quickly resolved itself, a great deal of common sense being displayed on both sides, because it is possible to move the position of the proposed auditorium some distance down  the slope awsay from Narrawa Road, thus greatly reducing its apparent height.  it was also not contested that the other buildings could be built as planned.  A draft condition was handed to me to reflect that.  It was also wisely suggested that condition 2, relating to landscaping, could be amplified so as to provide greater screening for the auditorium. 

The suggsted conditions, which I find to be both relevant and reasonable to the re-zoning are:

“1.A new condition 1 as follows:

1.Plan of Development

The layout as depicted on the plan prepared by Gregory Burgess Pty.  Ltd.  Architects, dated December 1996 and received by Council on 17 April 1997 is not approved.  The plan shall be amended as follows:

(a)All proposed buildings shall be single storey except building number 20 and buildings 5, 6, 10, 11, 12, 13, 14 and 15 (as shown on figures 5, 6 and 7 of exhibit 1 as being two storey);

(b)the auditorium shown as building number 10, 13, 14 and 15 shall be located so that no part of it is closer than 30 metres from the Narrawa Road boundary of the site.

An amended Plan of Development shall be approved by the Manager, Land Development Services prior to forwarding of the aplication to the Minister for gazettal.  Development shall generally be in accordance with this approved plan.

2.Amend condition 2.0(i) as follows:

2.0(i)‘including the area between the proposed auditorium and the site boundary with Narrawa Road and the area between the northern car park and the site boundary with Narrawa Road.”