Clarry & Anor v Brisbane City Council & Anor

[2024] QCA 39

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Environmental Planning
2. › Planning schemes and instruments
3. › Queensland
4. › Brisbane City Plan 2014
5. › Neighbourhood plan codes
6. › Relationship between qualitative overall outcomes and performance outcomes and quantitative acceptable outcomes
7. › Whether qualitative provisions prevail over quantitative height restrictions
8. › Planning Act 2016 (Qld), ss 45, 59, 60
1. Environmental Planning
2. › Planning schemes and instruments
3. › Queensland
4. › Impact assessment
5. › Community expectations
6. › Whether community expectations about building height were reasonable
7. › Whether primary judge failed to have regard to properly made submissions
8. › Planning Act 2016 (Qld), s 45(5)
1. Environmental Planning
2. › Planning schemes and instruments
3. › Queensland
4. › Neighbourhood plan codes
5. › Overall outcome permitting greater height where community need and economic need
6. › Whether evidence of generic housing demand sufficient to satisfy need requirement
7. › Construction of overall outcome 3m as containing alternatives
1. Appeal
2. › Leave to appeal
3. › Planning and Environment Court Act 2016 (Qld)
4. › Whether asserted errors of law materially affected the decision
5. › Planning and Environment Court Act 2016 (Qld), s 63

Quick Take

Qualitative provisions in neighbourhood plan code overall outcomes and performance outcomes under the Brisbane City Plan 2014 are not constrained by quantitative acceptable outcomes, and acceptable outcomes are one means of satisfying performance outcomes but are not mandatory.