A developer sought a development permit to authorise it to carry out a material change of use of the subject land from its presently vacant state to use for multiple dwellings, food and drink outlets, function facility, offices, health care services, shops and shopping centre. The appellant contended the judgment in the first instance on the basis that the proposed change was minor. The original Court decision analysed how impact assessable development applications are to be assessed based on the judgment in Ashvan Investments Unit Trust v Brisbane City Council. The appeal judge also considered the approach in Murphy v Moreton Bay Regional Council & Anor; Australian National Homes Pty Ltd v Moreton Bay Regional Council & Anor.
Roger Traves QC (leading H Stephanos) appeared for the co-respondent, instructed by Holding Redlich.
The judgment is available here.
