Country
Australia
Sources
InforMEA
Tagging
Permits
Abstract
This appeal was against the refusal of an application by Leong for a development permit for a material change of use to build a dwelling house on land at Russell Island at Moreton Bay. The western boundary of the proposed site was defined by the Mean High Water Springs tide line. Approximately three quarters of the site was below the Council’s design storm surge level. The portion of Moreton Bay which lied immediately to the west of the site was dedicated as a Habitat Zone and had been recognised as being a Very High Conservation Priority Area within the Southern Moreton Bay Islands Planning Strategy. The application sought to enable the construction of a two storey house. In an attempt to overcome flooding constraints, it was proposed to create a building platform. The issues agitated in the appeal related to planning law, stormwater, tidal surge, effluent disposal and acid sulphate soils. The court emphasized that the site was within the Drainage Problem Zone under the 1988 Scheme. In the Strategic Plan, under the Non-Urban group heading, there appeared the designation at s.4.5.4 “Drainage Problem” which contained the following: “Generally development will not be permitted within these areas unless it can be demonstrated that the land is .... not susceptible to drainage ... or environmental constraints or suitable planning, environmental and engineering solutions (probably involving a number of allotments together) are available.” Regarding effluent disposal the court was of the view that the base of the trenches would be very close to the high tide level and, depending on actual construction, could be below it. It was impossible to determine whether there would be leakage and if so at what rate and with what likelihood of polluting the Bay. The court concluded that the proposed project did not satisfy the requirements of the zoning regulations and dismissed the appeal.