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ARTICLE · 03 AUGUST 2011

Planning and Environment case updates

Norton Rose Fulbright Australia
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An appeal against Brisbane City Council’s refusal of a development application.

AustraliaReal Estate and Construction
Michael Walton
Michael Walton
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LEACH & ORS v BRISBANE CITY COUNCIL [2011] QPEC 55

(Searles DCJ - 8 February 2011)

Demolition of pre-1946 houses – whether demolition will result in the loss of traditional building character – whether the building positively contributes to the visual character of the street – distinction between "Precinct" and "street" - can a street have more than one character – s461 of the Sustainable Planning Act 2009

Facts:

This was an appeal against the Council's refusal of a development application seeking a preliminary approval for building works to demolish two pre-1946 houses. The architectural experts engaged by the parties met and produced a joint report. It was agreed that (among other things):

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