Deutscher v Brisbane City Council & Anor [2005] QPEC 73

1 [2005] QPEC 073 PLANNING AND ENVIRONMENT COURT JUDGE ROBIN QC P & E Appeal No 4697 of 2004 ESTHER DEUTSCHER Appellant and BRISBANE CITY COUNCIL Respondent and VINCENT O'DONOGHUE Co-respondent BRISBANE ..DATE 29/07/2005 ORDER CATCHWORDS: Integrated Planning Act 1997 s 4.1.52(2)(b) - reduction of size (including number of dwelling units), increased setbacks, and open space held "minor change" once partial demolition of derelict pre-1946 development (a shop) was approved - changes would enhance other pre-1946 development in the area 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. -- 1 of 2 -- 29072005 T5/PMB19 M/T CMS84/2005 (Holmes J) 2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: The Court makes an order in terms of the initialled draft which is acceptable to the parties. I am grateful to Ms Huyng for expanding on the significance of the identification of a change to the development application as only a minor change, for purposes of s 4.1.52(2)(b) of the Integrated Planning Act 1997. The explanation she has given supports her suggestion. Once the application for partial demolition of a pre-1946 building is accepted an inescapable consequence, it seems, of the building's becoming derelict, the changes to the application are minor in the sense that they reduce the bulk of the development. The number of dwellings in a multi-unit dwelling at the rear of the proposed shop reduces from four to three. The building would be smaller, there would be more open space, more landscaping et cetera. There will be a greater setback from Jenolan Avenue. All of the above changes are calculated to protect the amenity aspects of other pre-1946 development in the locality. The appellant who was an adverse submitter has, it seems, achieved a certain amount of success in the proceeding. Order as per initialled draft. ----- -- 2 of 2 --