The Tribunal set aside the council's refusal and granted an amended permit, but imposed a condition requiring the building height to be reduced to a maximum of 7.5 metres above natural ground level — effectively refusing the applicants' sought 1.2-metre height increase while permitting the other design amendments. Where a Section 72 amendment to an existing permit triggers a new overlay requirement (here, SLO9) that was not engaged by the original permit, the Tribunal held that a full merits assessment of the entire building against that overlay's objectives and decision guidelines is required, not merely an assessment of the portions exceeding the trigger threshold. The Tribunal also confirmed that the amendment was not a piecemeal application under Pioneer Concrete (Qld) Pty Ltd v Brisbane City Council principles, as it involved the whole of the land and no inherent unfairness arose. The decision illustrates that even modest height increases may be refused where they cause a building to dominate a significant landscape setting contrary to overlay objectives, notwithstanding an existing permit for the underlying development.
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