Past Court Cases · Healthy Communities

Mott Creek corridor townhouse appeal

24 November, 2000

EDO Qld acted for a community group to challenge the approval by Brisbane City Council of a townhouse development with limited setback from Mott Creek, a tributary of Norman Creek. The Norman Creek Catchment Coordinating Committee had been rehabilitating the riparian vegetation.

Deason & Ors v Brisbane City Council & Anor [2000] QPE 083
Norman Creek Catchment Co-Ordinating Committee Inc v Brisbane City Council & Anor

In an appeal to the Planning and Environment Court under the Integrated Planning Act 1997 (Qld), the Committee contended that the development infringed on an environmentally significant area of the adjoining waterway and its buffer zone and was contrary to the Council’s strategic plan.

Although the appeal was dismissed by Judge Skoien on 24 November 2000, the Committee was successful in obtaining a greater setback and an improved landscape plan for the development.

Read the full judgment.