In the legal case Nairn & Anor v Brisbane City Council [2024] QPEC 46, the Planning and Environment Court of Queensland addressed an appeal by Lena Elizabeth Nairn and Bradley Nairn regarding their development application, which was rejected by the Brisbane City Council. The appellants sought approval to regularize their unauthorized use of land in Gumdale for business purposes, including a construction subcontracting company. The Court, presided over by Judge Kefford DCJ, upheld the Council's decision, emphasizing that the proposed development was inconsistent with the area's environmental management zone, posed potential ecological impacts, and conflicted with the broader land use and ecological policies in the City Plan. Additionally, despite proposals for mitigation measures, the Court determined that these were insufficient to offset the development's adverse impacts. Thus, the appeal was dismissed, reaffirming the decision to refuse the development application.
Full text: https://www.sclqld.org.au/caselaw/150341