Sutgold Pty Ltd v Redland City Council
[2009] QPEC 123
•23 October 2009
[2009] QPEC 123
PLANNING AND ENVIRONMENT COURT
JUDGE ROBIN QC
P & E Appeal No 741 of 2009
SUTGOLD PTY LTD Appellant
(ACN 083 212 006)
and
REDLAND CITY COUNCIL Respondent
and
CHIEF EXECUTIVE, Co-Respondent
DEPARTMENT OF MAIN ROADS
..BRISBANE
..23/10/2009
ORDER
CATCHWORDS
Integrated Planning Act 1997 s 4.1.52(2)(b)
Minor change where Main Roads requirement of dedications leads to redesign of subdivision and ultimately additional lots - reduced park provision remains generous and satisfies planning scheme expectations
HIS HONOUR: The Court makes an order by consent of the parties which resolves this conditions appeal in respect of a code-assessable development for a reconfiguration or subdivision. A minor change is involved. In fact, there have been two changes since the application was filed, the first flowing from a requirement of the Department of Transport and Main Roads of an 8 metre dedication along the Cleveland-Redland Bay Road frontage site. That produced a reduction from the 40 lots proposed to 37 in what's called the intermediate plan.
...
HIS HONOUR: The developer has been able to accommodate additional lots so that the total lots available to accommodate households wishing to move to the area will be 43. That doesn't change the footprint of the development save that internally there's been some reduction acceptable to the Council in the provision of park area. What is to be provided remains generous and also sees fully implemented the planning scheme expectations for the area.
The change ought to be assessed as minor for purposes of Section 4.1.52 (2)(b) of the Integrated Planning Act 1997. The draft order, which I've signed, resolves the conditions appeal by allowing it on conditions incorporated in the order. It recites to the Court's satisfaction that the change is minor.
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