Past Court Cases · Nature & the Reef

Mirbelia bushland planning appeal

21 August, 2003

EDO Qld acted for a local community group to appeal Council approval for a residential subdivision that would destroy urban bushland. While the appeal was unsuccessful, it did achieve substantially improved conditions to protect vegetation and water quality.

Cordiner v Brisbane City Council and Greymouth Pty Ltd BD 6032 of 2001

In the first case, Ruth Cordiner, a member of the Mirbelia Street Action Group, appealed to the Planning and Environment Court under the Integrated Planning Act 1997 against the approval for a 32 lot residential subdivision on about 6 hectares of bushland in Kenmore, Brisbane. The case was adjourned when our client’s barrister pointed out a potentially serious defect in the two applications for the development: that each was possibly 'piecemeal' as neither could stand alone without the other. A new development application was subsequently made.

Mirbelia Street Action Group v Brisbane City Council and Greymouth Pty Limited [2003] QPEC 43

When Brisbane City Council approved the new application for a 27 lot development, the Mirbelia Street Action Group appealed in the Planning and Environment Court.

Over a six day hearing the Action Group argued that the land was part of the Green Space System under the old Brisbane City town plan and conflicted with the Strategic Plan, and that it contained an endangered regional ecosystem.

However, Judge Robin found that despite having some Green Space values, the land was not Green Space and that therefore the development could proceed, subject to certain conditions to better protect the site’s values. He invited proposals for conditions from the Action Group.

The Action Group negotiated extra conditions to be placed on the development, which were accepted by Judge Robin, to protect significant trees, to establish more building location envelopes to restrict building, and to expand vegetation protection areas.

Read the full judgment.