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ARTICLE · 06 APRIL 2018

Proposed self-storage facility refused in the low-density residential zone

The Court found there was no community or economic need for the facility in the proposed location to justify approval.

AustraliaReal Estate and Construction

IN BRIEF

The case of Fortress Freeholds Pty Ltd v Brisbane City Council & Ors [2016] QPEC 63 concerned an appeal in the Planning and Environment Court commenced by Fortress Freeholds Pty Ltd against the decision of the Brisbane City Council to refuse a development application for a development permit for a material change of use for a warehouse (self-storage facility) and a reconfiguring of a lot.

The site the subject of the appeal was located on Gympie Road, Carseldine, and was improved by the Carseldine Palms Motel, which had existed since 1996 but was no longer operational. The site was surrounded by predominantly residential lots to the east and west, Carseldine police station to the south and a proposed Energex substation to the north. The Council opposed the material change of use but not the reconfiguring a lot aspect of the development application.

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