A submitter appeal against the decision of a Council delegate to approve a development application for a preliminary approval for a material change of use and an associated variation request. The land to which the decision related was 2.5 ha and sleeves the eastern and western sides of the Albion train station and associated rail corridor.
The land was under the control of Queensland Rail and no longer required for rail transport purposes. It was to be given over to urban development. The development application before the Court sought approval to establish a master planning framework for this purpose. The framework, articulated in a Structure plan and draft conditions, sought to develop the land with transit orientated development.
Having regard to the terms of the development application and on the basis that the majority of submissions received during the public notification process were in support of the proposal, the court was satisfied the development application ought to be approved.
John Ware appeared for the respondent, instructed by City Legal.
The judgment is published here.