The recent judgment of Gerhardt v Brisbane City
Council [2015] QPEC 34 casts doubt upon the ability of local
governments to make building work directly assessable under a
planning scheme.
Section 83(1)(d) of the Building Act 1975 (BA)
prohibits the granting of a building development approval by a
private certifier where, under Sustainable Planning Act
2009 (SPA), a concurrence agency has jurisdiction for part of
the building assessment work, unless that part has been assessed by
the concurrence agency under the building assessment
provisions.
In this case, by operation of Brisbane City Plan 2014 in
combination with Schedule 7, item 17 of the Sustainable
Planning Regulation 2009 (SPR), the Council had jurisdiction
as a concurrence agency for the purposes of the SPA and the BA to
assess "the amenity and aesthetic impact of" the building
or structure if the building work is carried out. An application
made to a private certifier was duly referred to the Council
