State Government legislation prevents Brisbane City Council from immediately objecting to development applications when they exceed the City Plan guidelines, a senior Brisbane City councillor said.
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Brisbane City Council has been criticised for a string of development applications well in excess of the maximum number of storeys set by Brisbane's City Plan.
The most recent case was an application on Friday in West End, where Sydney developers Payce Consolidated and Sekisui House lodged an application for a 25-storey apartment building in an area of Brisbane with a 15-storey limit.
Last year Brisbane City Council received an application for three, 25–storey apartment complexes in an area of Towoong - on the old ABC television and radio studio site – which has a 15-storey maximum.
Brisbane City Council's Neighbourhood Development and Development Assessment committee chair Cr Amanda Cooper said the state's Sustainable Development Act legislation prevented the council rejecting applications earlier.
"Council can't refuse to assess an application simply because it doesn't support the proposal," Cr Cooper said.
"Under the Queensland Government's Sustainability Planning Act 2009 Council must fully assess all applications, even those that do not comply," she said.
Cr Cooper said the Sustainable Planning Act imposed restrictions on councils assessing development applications.
"The Sustainable Planning Act also forces Council to use City Plan as a guideline rather than a hard-and-fast rule. It means that Council must be flexible in its consideration of development applications," she said.
Cr Cooper rejected suggestions the Council approved developments that breached Brisbane's City Plan.
"In spite of the State Government restrictions, I want to make it very clear that Council does not approve proposals that do not comply with City Plan. Every application must comply with Council's requirements," she said.
Cr Cooper said Brisbane City Council does force developers to adjust their planning applications on a regular basis.
"When a proposal does not meet City Plan we force developers to scale back their proposals, reduce the height and in some cases entirely refuse applications."
Cr Cooper provided recent examples where developments – above the City Plan and local Neighbourhood Plans guidelines - had been refused.
St Lucia
- 18 Bryce Street in St Lucia. The proposal asked for eight storeys was refused, when the Neighbourhood Plan specifies two or three storeys.
Paddington
- Given and Latrobe Terrace in Paddington corner. The proposal for seven storeys was refused, when the Neighbourhood Plan specifies two storeys.
New Farm
- 140 Oxlade Drive in New Farm. The proposal for 10 storeys was refused, when the Neighbourhood Plan specifies five storeys.
Manly
- 50 Cambridge Parade in Manly. The proposal for 6 storeys was refused when the Neighbourhood Plan specifies three storeys.
Last week local councillor Helen Abrahams said the application by Pace Consolidated and Sekisui House would make local residents angry and dismayed.
Payce Consolidated and Sekisui House held a local community launch of their proposal on Friday.
