Metroplex v Brisbane City Council

COURT OR TRIBUNAL

Queensland Planning and Environment Court

DATE FILED (OR FIRST HEARING DATE)

18/08/2008

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Other

REVIEW TYPE

Merits review

SUMMARY

Metroplex appealed a decision by the local council not to approve a proposal for a large, out-of-centre industrial development. Climate change was mentioned in relevant strategic planning document but not a focus of environmental issues raised in the case, which largely centred on biodiversity impacts. Development discouraged on the basis of its large GHG footprint. The Court dismissed the appeal holding that it could not consider the appellant's revised proposal as it varied considerably from the original. The Supreme Court held that QPEC could consider the revised proposal. The Council and Metroplex subsequently reached an agreement and QPEC found in [2012] QPEC 34 that it could not make an order to require notice to be given to environmental objectors of any further variation to the development proposal or approval conditions.

CASE DOCUMENTS

Metroplex v Brisbane City Council [2009] QPEC 110