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ARTICLE · 14 MARCH 2016

Case Note – 5-storey building limit in New Farm?

The Court recently dismissed an appeal for a development application for a 10-storey building at Oxlade Drive, New Farm.

AustraliaReal Estate and Construction

Norfolk Estates Pty Ltd v Brisbane City Council & Ors [2016] QPEC 9

The Queensland Planning and Environment Court has recently dismissed a developer's appeal of Brisbane City Council's refusal of a development application for a 10 storey apartment building at Oxlade Drive, New Farm. This is the second decision of the Court in recent times, where a developer has unsuccessfully appealed against a Council refusal of a Multi-Unit Dwelling proposal in New Farm which exceeded the anticipated height, bulk and scale controls.

Background

The proposed development was for a 10 storey apartment building situated at 140 and 142 Oxlade Drive New Farm, adjoining the Brisbane River and Merthyr Park (the Proposal). The subject site comprised two adjoining lots with a total area of 810m2 and had a frontage of 20 metres and a depth of approximately 40 metres. Neighbouring the Proposal were two apartment complexes, to the west, an 11 storey building known as 'Kirribilli' (the

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