Environmental Law Australia

Tornabene appeal

This is a case study of a routine and typical development application and subsequent appeal under Queensland’s planning laws.

While it involved now planning legislation that has now been repealed in Queensland, the basic process and concepts remain the same under Queensland’s planning system (e.g. material change of use, reconfiguring a lot, etc).

It was used from 2010-2016 for teaching the basic planning process to students studying ENVM3103 and ENVM7123 at the (then) School of Geography, Planning & Environmental Management in The University of Queensland and featured in the following 2020 lecture on planning schemes in Queensland (commencing at 14:15 on the counter):

The case study involves a development application lodged for a material change of use to convert land with two detached houses into 10 units in the suburb of Northgate, Brisbane.

The development application was approved by Brisbane City Council but appealed by neighbours to the Planning & Environment Court.

After mediation, the appeal was resolved by consent and without a trial through the developer agreeing to increase the number of onsite carparking spaces from 15 to 18 to reduce onstreet parking.

The development application documents and relevant planning documents can all be obtained from the Brisbane City Council PD Online website.

Key documents

Development application

Appeal to Planning & Environment Court

Thanks to Peter Tornabene for allowing the facts and documents of this development to be used as a case study here.