Bell 13Nov2019 · RAL19/0011

    Blake Bell                                                                        13 November 2019



                    the decision to be based on an assessment carried out pursuant to earlier provisions
                    of the Act, which in this case, includes, inter alia, s 45.”6

Council’s decision must be based upon the assessment of the application as prescribed in the Act.

We can see no basis for Council’s suggestion that the utility of the land in its current form has any
relevance in the assessment of this application against the Planning Scheme and so it should not
have a bearing on the Council’s decision on the application.

It is relevant to have regard to the lawful use of the premises when carrying out the assessment.7
We are instructed that Lot 528 is presently used for agricultural purposes, in association with the use
of Lot 481 (which is the adjoining land, but under separate ownership). Lot 528 could lawfully be
used for the purposes which are Accepted Development in Table 8.9, including a Detached House,
without a development permit. We cannot see how having regard to those circumstances could
warrant refusal of the application.

Conclusion

There does not appear to be any lawful basis for Council’s position that the application must be
refused because of the existing characteristics of Lot 528.


Yours faithfully




Andrew Williams LLB BBus(Accy)
Director - Maroochydore Office
e [email protected]




6
    Di Carlo v Brisbane City Council [2019] QPEC 4
7
    Section 27(1)(f) of the Planning Regulations

                                                                                                 Page 5