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ARTICLE · 05 APRIL 2018

Too big and too tall development conflicts with planning schemes

Colin Biggers & Paisley
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The Court found that the proposed development would have an undue adverse impact particularly given its height and bulk.

AustraliaReal Estate and Construction
Ronald Yuen (Formerly With Colin Biggers & Paisley)
Ronald Yuen (Formerly With Colin Biggers & Paisley)
Ian Wright
Ian Wright
Min Ko
Min Ko

IN BRIEF

The case of VG Projects Pty Ltd v Brisbane City Council [2016] QPEC 15 concerned an appeal commenced by VG Projects Pty Ltd against the Brisbane City Council's deemed refusal of a development application for a material change of use for the proposed multiple dwellings at Oxlade Drive, New Farm.

Through mediation, traffic, noise and wind impact issues were agreed by the parties as not warranting a refusal of the development application. The remaining issues which the Court had to determine related to the height, bulk and scale of the proposed development, its consequential impact on the character and amenity of the locality and whether there were sufficient grounds to justify an approval in the event of conflict.

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