Sia & Anor v. Brisbane City Council & Ors

[2009] QPEC 8

PLANNING & ENVIRONMENT COURT
OF QUEENSLAND

CITATION:

Sia & Anor v Brisbane City Council & Ors [2009] QPEC 8

PARTIES:

HEATHER SIA, IAN HARRISON SMITH, ANNETTE DEBORAH (TAN) SMITH, NORMAN LOVE, DARREN JOHN BUCHANAN, ALEX CALLEGARI, RICHARD ANNING, PAUL LAMB, MERCER PHELPS, PATRICIA EADE, GERALD McCONNELL, JANINE McCONNELL
Appellants

v

BRISBANE CITY COUNCIL
Respondent

and

CBD LAND PTY LTD
Co-Respondent

and

CHIEF EXECUTIVE, DEPARTMENT OF ENVIRONMENTAL PROTECTION AGENCY
Co-Respondent by Election

FILE NO/S:

2269/2008

DIVISION:

Planning and Environment

PROCEEDING:

Submitter Appeal

ORIGINATING COURT:

Brisbane

DELIVERED ON:

20 March 2009

DELIVERED AT:

Brisbane

HEARING DATE:

11 February 2009

JUDGE:

Searles DCJ

ORDER:

1.   Appeal dismissed

2.   Application approved.

3.   Appeal adjourned to permit the Council and the co-respondent to finalize appropriate conditions of approval.

CATCHWORDS:

PLANNING AND ENVIRONMENT – Application for residential development in light industrial area – whether proposed development conflicted with City Plan – character , amenity of area, height, scale and bulk of proposal – whether near public transport – interpretation of Bulimba District Local Plan

Integrated Planning Act 1997 (Qld)

Parcel One Pty Ltd & Ors v Ipswich City Council & Ors (2007) QPELR 474

Baptist Union of Queensland v Brisbane City Council (2003) QPELR 61

COUNSEL:

Appellants – B. Cronin

Respondent – B. Job

Co-Respondent – M. Williamson

SOLICITORS:

Appellants – McInnes Wilson Lawyers

Respondent – Brisbane City Legal Practice

Co-Respondent – MacDonnells Law

Introduction

1. This is a submitter appeal against the Council’s decision to approve a development application for a material change of use for 35 multi-unit dwellings at 125 Bulimba Street, Bulimba, Brisbane.  The co-respondent by election (EPA) was excused from active participation in the appeal by order of Judge Rackemann on 17 October 2008.

1. The subject land comprises six lots, Lots 15, 23, 25, 26, 81 and 84 on RP 87060.  The total area is 4,150 m² and each lot is roughly the same size, namely 691.66 m².[1]The proposed 35 unit development comprises 11 two-storey townhouses and 24 apartments within what the respondent and co-respondent say is a three-storey building but which the appellants say is four-storey.  The proposed plot ratio is .75.

   [1]Transcript 2.27.8

1. The land is presently within the Light Industry Area under the City Plan although it is common ground the clear preference of the Scheme is that, upon cessation of industrial activity area, the land be developed for residential use.

Locality

1. The land has access from both Bulimba Street and Banya Street immediately to the east.  Immediately to the north of the site are existing industrial buildings and to the north of those buildings, still within the Light Industry Area are 12 new detached houses built by the present co-respondent.

1. In Banya Street across the road and to the north-east of the site are two further large industrial buildings between Banya Street and Johnson Street.  To the north and being the last street short of the Brisbane River is McConnell Street which dog legs into Byron Street.  Relevantly, there is a Light Industrial Area between McConnell…