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[2012] QPEC 61
defendant. Application granted. Order made in terms of the initialled draft to introduce staging provisions into the development approval.
A property developer wanted to build a 34-townhouse project in stages rather than all at once. They asked the court to formally change their existing approval to allow this. The local council supported the request. The court approved the change but noted that the developer might have been able to stage the project anyway, even without formal permission, because the original approval didn't say they couldn't. The case suggests that if your development approval doesn't ban staging, you might not need court permission to build in stages.
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1 cited instrument linked from this judgment.
Application to court for "permissible change" to an approval for a 34 lot townhouse development - change is only to introduce staging - Council supportive - query whether application was necessary at all.
HIS HONOUR: The court made an order in terms of the initialled draft without much examination of the detail.
The only change to be made to the development approval constituted by an order of the court of the 23rd of June last year is to introduce staging in respect of a townhouse development which I understand consists of about 34 lots.
There was no reference to staging previously. The development will now be implemented in about five separate stages and perhaps over a longer time than otherwise. It may well be, I don't know, that it was open to the applicant to stage its development in practice in any event.
Council is supportive of the application and the court, accordingly, makes the order.
HIS HONOUR: Order as per initialled draft. The court's grateful to receive those section 376 notices to spare the Registrar the trouble of having to prepare them himself.
Joyfulland Pty Ltd
Brisbane City Council [2012] QPEC 61
Application granted. Order made in terms of the initialled draft to introduce staging provisions into the development approval.