Dryden & Anor v Brisbane City Council & Anor [2006] QPEC 28

1 WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. [2006] QPEC 028 PLANNING AND ENVIRONMENT COURT JUDGE ROBIN QC No BD3755 of 2005 GREGORY ANDREW DRYDEN and AMANDA JANE DRYDEN Appellants and BRISBANE CITY COUNCIL and MILL INVESTMENTS PTY LTD No BD3786 of 2005 LLOYD JOWETT and BRISBANE CITY COUNCIL and MILL INVESTMENTS PTY LTD Respondent Co Respondent Applicant Respondent Co-Respondent BRISBANE ..DATE 17/03/2006 ORDER CATCHWORDS: Intergrated Planning Act s 4.1.52(2)(b) - "minor change" where proposal for a car yard was changed by restricting activites within more confined areas, enlarging landscaped areas, etc. -- 1 of 3 -- 17032006 T02/IRK36 M/T CMS30/2006 (Robin DCJ) 2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: They are being dealt with together, Mr Jowett's appeal and Mr and Mrs Dryden's appeal. Both have been resolved on the basis of certain changes to the development which the Council had already approved. It is incumbent on the Court to be satisfied that any change is minor under section 4.1.52(2)(b) of the Integrated Planning Act 1997. In every case the changes serve to reduce or ameliorate the impacts of the proposal, which is for a car yard, on the basis that one accepts that description being applied to new conditions which will confine in a smaller area and, in particular, to the site, activities in respect of vehicles and which will significantly enlarge the areas to be landscaped on the boundaries in association with the requirement of means being adopted to protect the landscaping from incursions by vehicles. It may be that the new condition precluding amplified sound systems being used externally to the site might disappoint some, but essentially, I think, such a change is of the kind described already - as is the prohibition of use of shipping containers on the site for storage or display of vehicles. The Court has been told that previous experience has led the appellants to develop concerns of the kinds dealt with by the changes. I have no difficulty in regarding them as minor and in those circumstances, in each matter, I will make an order in terms of the initialled draft. -- 2 of 3 -- 17032006 T02/IRK36 M/T CMS30/2006 (Robin DCJ) 3 ORDER 1 10 20 30 40 50 60 Each draft incorporates a revised conditions package and there are also before the Court and incorporated some revised plans. ... ----- -- 3 of 3 --