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ARTICLE · 02 NOVEMBER 2015

A win for the neighbours against development

This decision gives hope to residents concerned about nearby development, which could be considered over-development.

AustraliaReal Estate and Construction

BTS Properties (Qld) Pty Ltd v Brisbane City Council & Ors [2015] QPEC 47

In a recent decision, the Planning and Environment Court has dismissed an appeal by a developer against Brisbane City Council's refusal of a development application for a seven storey apartment building at Griffith Street, one of New Farm's most desirable riverfront streets. The developer's appeal was strongly contested by both the Council and a number of nearby residents who had initially made submissions against the proposed development.

Background

The proposed development was for a 7 storey apartment building situated at 9 Griffith Street, New Farm, adjoining the Brisbane River (the Proposal). Neighbouring the Proposal was an apartment complex known as 'Solitaire Apartments' (whose residents joined the appeal) and two, two-storey houses. In order to take advantage of the exclusive riverfront location and city views, the Proposal extended into the Waterway Corridor (a protected setback

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