In 427 Beckett Rd Pty Ltd v Brisbane City Council (No. 2) [2024] QPEC 24, the Planning and Environment Court of Queensland reviewed an appeal by 427 Beckett Rd Pty Ltd against the Brisbane City Council's refusal of a development application. The appellant sought to change the use of land and reconfigure it to include a service station, food and drink outlets, a childcare centre, and residential dwellings. The main issues leading to the refusal were ecological impacts, alignment with the planning intent, and concerns over traffic and visual amenity. During the appeal, two minor changes to the development were accepted by the court, but a third proposed change was refused. The appellant argued that these changes were minor and should be approved. However, the court found that the amendments to the planning scheme since the application was lodged, which now placed the site in the Environmental Management zone, required significant weight. Ultimately, the court dismissed the appeal, citing the necessity to uphold the planning scheme's intent to preserve the site's ecological significance and maintain very low-density residential development.
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