Deen & Anor v Brisbane City Council; D Corp Investments Pty Ltd v Brisbane City Council & Anor [2010] QPEC 154

1-1 [2010] QPEC 154 PLANNING AND ENVIRONMENT COURT JUDGE ROBIN QC P & E Appeal No 294 of 2008 ABDUL DEEN AND ANOTHER Appellants and BRISBANE CITY COUNCIL Respondent P & E Appeal No 571 of 2009 HAJJI ABDUL RAHMAN DEEN Appellant and BRISBANE CITY COUNCIL AND ANOTHER Respondents P & E Appeal No 594 of 2009 D CORP INVESTMENTS PTY LTD Appellant and BRISBANE CITY COUNCIL AND ANOTHER Respondents BRISBANE ..DATE 16/09/2010 ..DAY 1 ORDER CATCHWORDS Integrated Planning Act 1997 s 4.1.52(2)(b) Changes to arrangements for stormwater considered "minor change" -- 1 of 2 -- 1-2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: The Court makes an order in terms of the initialled draft in appeal 571 of 2009. Likewise in appeal 594 of 2009. The parties are all content with this. There is an issue for the Court in respect of a change in the detail of the proposal. It's unusual in the sense that what changes is arrangements for dealing with storm water. There's not only a revised plan in that regard, but also an option given to the developer for onsite detention of storm water rather than pursue the proposals for dealing with storm water by external works. The relevant provision is section 4.1.52 (2) (b) of the Integrated Planning Act 1997. That's overtaken by provisions in the Sustainable Planning Act 2009, particularly section 350. From any point of view the development is substantially the same. There's no reason why the Court oughtn't to make orders in terms of the initialled draft which allows the appeal to proceed on the basis of the changed details of the proposal in the regards mentioned. The order is per initialled draft. ----- -- 2 of 2 --