John Ware represented the respondent, instructed by HopgoodGanim Lawyers.
The case concerned a submitter appeal against the Council’s decision to modify an existing development approval (an “other change””) to increase the proposed height of a multiple dwelling at Bilinga by an additional two storeys and approximately 10 metres. The primary issue in dispute was whether, within the context of the existing development approval, the proposed development complied with certain parts of the “uplift provision” of the Planning Scheme, namely s 3.3.2.1(9) (b), (c), and (e).
Everson DCJ found the uplift provision had been satisfied, justifying the increase in building height sought. In particular, the proposed development achieved a well-managed interface with neighbouring developments, a reinforced local identity and sense of place, and achieved an excellent standard of appearance. During the course of the hearing, the developer agreed to changes to the conditions of approval to address some of the issues raised by the Appellant. Therefore, the appeal was allowed in part to give effect to those amended conditions.
The judgment can be read by clicking here
