The subject land contained a service station, a drive-through fast-food outlet and a car park, constructed pursuant to a development permit for warehouse, low impact industry and medium impact industry uses. The Co-respondent sought a development permit for a material change of use to part of an existing building for use as a gymnasium and an indoor rock-climbing facility. The Council granted the permit on conditions.
The submitter Appellants appealed the Council’s approval on the grounds that the proposed development was an inappropriate use of the subject land as it was inconsistent with the assessment benchmarks in the South East Queensland Regional Plan 2017, Brisbane City Plan 2014 version 18, and the Temporary Local Planning Instrument 02/21. They also contended that the proposed development would result in an unacceptable risk of adverse impact on existing industrial uses arising from amenity concerns raised by the customers of the proposed gymnasium and bouldering gymnasium.
Rob Anderson QC (leading N Loos) appeared for the Appellant in 23 of 2021, instructed by Allens.
The judgment is published here.
