Villagio Body Corporate v. Brisbane City Council & Newman

[2010] QPEC 99

[2010] QPEC 99

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 2285 of 2009

VILLAGIO BODY CORPORATE CMS 35309	Applicant
and
BRISBANE CITY COUNCIL	Respondent
and
PETER RONALD NEWMAN	Respondent

BRISBANE

..DATE 15/09/2010

..DAY 1

ORDER

CATCHWORDS

Submitter appeal resolved - court accepts as permissible minor change redesign of proposed enlargement of established residential building to preserve more of neighbours' views

HIS HONOUR:  The court makes an order in terms of the initialled draft.

It has the effect of resolving this adverse submitter appeal against the Council's approval of a development application to refurbish and enlarge by adding a floor to an existing residential building.  The appellant's concern was loss or impairment of views and the concern has been alleviated to a considerable extent by inclining, by comparison with the original proposal, a roofed area at one end of the building and removing a roof over a spa to be located on the roof.  As Mr Joyce explained, that improves sight lines for the neighbours from the point of view of preserving valued outlooks.

The order also extends the time for the giving of notice of the appeal to the Department of Infrastructure and Planning.  That step was overlooked but attended to a fortnight ago.  Ms Harold for the appellant has filed an affidavit deposing to some contact from the Department indicating a lack of interest in the proceedings.

Order as per initialled draft.

The changes to the proposal are of such a nature that they don't stand in the way of the court's resolving the appeal on the basis of them.

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