Telfrid Corporation Pty Ltd v Logan City Council

[1999] QPEC 44

[Telfrid Corporation Pty Ltd v. Logan City Council & Anor]

Telfrid Corporation Pty Ltd v. Logan City Council & Anor

Appeal No. D 3089 of 1999
District Court
Quirk DCJ
13^th October 1999.

Under Pressure: Council’s Power to Limit Design Guidelines in Town Planning Scheme

An application was brought under the Integrated Planning Act seeking declarations that Logan City Council’s decision to grant a material change of use permit in respect of certain property was invalid. Under the Act, a “transitional [town] planning scheme” was in place for Logan. There were provisions regarding design guidelines and developmental requirements. One of the guidelines included a minimum size requirement for each unit in the development. The issue was whether or not Council had the power to relax the requirement.

Quirk DCJ found that there was no power to limit the requirement. The design guidelines expressly contemplate when a flexible approach can be adopted and when the guidelines are to be followed precisely. For example, the use of the words should and shall. In this case the minimum size requirement is precise, and Council do not have the power to vary or relax the requirement. Accordingly, the decision was invalid.