Residents aim to âredress power imbalanceâ over character homes
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Heritage officers from Queenslandâs Environment Department should proactively advise communities which âworthyâ character homes facing development assessment could be heritage-listed, residents are suggesting to government.
Toowong residents, led by retired Queensland Health deputy director-general John Scott, have put forward a concept where a more proactive Environment Department could help communities identify character homes early, so submissions can be forwarded to a better-resourced Queensland Heritage Council.
Behind Montague Road at West End, Brisbane, where contemporary units are bordering older tin-and-timber character homes.
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Abeleda & Anor v Brisbane City Council & Anor [2020] QCA 257, the Queensland Court of Appeal (Court) dismissed an appeal against a judgment of the Planning and Environment Court (P&E Court), in turn upholding an earlier decision of Brisbane City Council (Council) to approve a development application.
The Court endorsed an interpretation of Queensland s planning legislation, taken in recent P&E Court decisions, that provides greater flexibility and somewhat reduces the significance of non-compliance with planning scheme provisions.
Background
The case arose out of a decision by Council to approve an impact assessable development application for multi-storey car park.