Both appeals were dismissed and both development applications were refused consent, the Court finding the proposed developments were prohibited in Zone R2 Low Density Residential. The critical holding is that a strata lot, defined under the Strata Schemes Development Act 2015 as 'one or more cubic spaces' on a 'parcel', is not a 'lot of land' as required by the definition of 'attached dwelling' in the QPLEP dictionary. Consequently, even characterising the development as a whole including the strata subdivision component, the proposed dwellings could never satisfy paragraph (b) of the 'attached dwelling' definition. The decision also confirms that where strata subdivision cannot occur until building construction is complete, there is an inherent sequencing problem: at the point of erection, all dwellings are on a single lot, and the subsequent strata subdivision does not create 'lots of land' capable of curing that deficiency. The question whether Torrens title subdivision might yield a different result was left open.
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