Smith v Miriam Vale Shire Council

[2010] QPEC 103

[2010] QPEC 103

PLANNING AND ENVIRONMENT COURT
JUDGE ROBIN QC
P & E Appeal No 1 of 2008

KIM SMITH & ANOR	Appellant
and
MIRIAM VALE SHIRE COUNCIL	Respondent
BRISBANE ..DATE 17/09/2010 ORDER CATCHWORDS

Minor change - appeal against refusal of reconfiguration of 92 hectare lot into two on basis of two "equal-sized" lots, which allayed Council apprehension of possible future subdivision of a larger one originally proposed

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HIS HONOUR: The court makes an order in terms of the initialled draft which has the effect of allowing the Smiths' appeal against refusal of their application for reconfiguration of a 92 hectare lot.

There is what is presented as, and the court accepts as, a minor change which sees the land (which has a frontage to Brauer Road and adjoins Baffle Creek at the rear) divided roughly in half, rather than in accordance with the original proposal, which envisaged one lot roughly twice the size of the other.

Mr Smith says he understands the Council's concern was that the larger lot presented a threat of a future subdivision which the Council thought would be undesirable.

Order as per initialled draft.

...

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1-2 ORDER