ARTICLE
20 August 2012

Dempsey v Brisbane City Council [2012] QPEC 2

An Application for Orders that changes to a development proposal were a minor change for the purpose of s.350 of SPA.
Australia Real Estate and Construction

Whether change to proposed development a minor change – multi-unit dwelling – words and phrases "substantial" - s.350 Sustainable Planning Act 2009

Facts: This was an Application for Orders that changes to a development proposal constituted a minor change for the purpose of s.350 of SPA.

The appeal concerned an Application for a multi-unit dwelling. The more substantive changes were identified as the reduction in the number of storeys from 6 to 4, a reduction in the number of units from 6 to 4, and a reduction in GFA of about 32%.

Decision: The Court held that the changes to the proposed development were a minor change:

  1. While there was reference to "additional" impacts in the Statutory Guideline, when reference was made to the scale, bulk and appearance of a development it was not restricted to only increases, but was concerned with changes to the built form in terms of scale, bulk and appearance.
  2. It would be wrong to only focus on the magnitude of the changes. The question that has to be asked is whether the changes result in a substantially different development having regard to the nature and degree of the changes.
  3. The meaning of such an imprecise and ambiguous word as "substantial" was highly dependant on the context in which it appears.
  4. While the changes to the proposal could not be described as anything other than significant, they did not, either separately or in combination, result in a substantially different development.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More