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ARTICLE · 05 APRIL 2018

Proposed change to a development approval by adding roller doors in front of the car parking spaces was accepted as permissible change

The Court approved the request to change the development approval installing roller doors to visitor car parking spaces.

AustraliaReal Estate and Construction

IN BRIEF

The case of 48 Stuart Pty Ltd v Brisbane City Council [2016] QPEC 67 concerned an application for a permissible change to a development approval that had previously been issued by the Planning and Environment Court.

The development approval was for a multiple dwelling complex which included a driveway down the middle of the complex, with three units on either side of the driveway. Each unit was provided with two open car parking spaces located underneath it, one for the resident and one for the visitor of the unit.

The Applicant proposed to add roller doors in front of the car parking spaces and submitted that the proposed change was a permissible change under section 367 of the Sustainable Planning Act 2009.

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