A Development Application was made to the City of Moreton Bay seeking to allow the construction of a seven storey high-rise apartment building on a small property where previously there had been a single residence.
The single residence, a dilapidated building, had recently (June 2024) been demolished.
The property fronts Marine Parade and faces the foreshore at Suttons Beach, Redcliffe QLD.
When alerted to the application, concerned owners of adjacent neighbouring properties made several approaches to the City of Moreton Bay focusing on non-conformance of the proposed building with the Planning Policy. In particular that non-conformance related to the application for a seven storey building on a lot that restricts a built form of no more than three storeys. That restriction to three storeys is clearly detailed within section 3 of the adopted Planning Scheme Policy - Residential Design planning instrument.
The target property in an Urban neighbourhood on a District Collector road with a Frontage of 21.5 metres. The property is within an area where the Height Overlay shows a limit of 27 metres.
However, the “Planning Scheme Policy - Residential Design” (PSP-residential design) states that for the target property, based upon its neighbourhood precinct, its street access and primary street frontage, that the maximum building structure can be only up to three storeys, and not the seven storeys as applied for in the Development Application (and subsequently approved). see Site Area Page
The PSP - Residential Design was adopted by Council and is a Planning Instrument as defined in the Planning Act 2016.
When this fact that the Policy allowed only for a three storey building was presented to two Council Planning Officers at an on-site meeting held 18-November-2024 discussing the application, those officers responded that the PSP is only a “guide”.
Within the Planning Act 2016 there is no provision for a PSP instrument to be considered as a guide. It is a Planning Instrument within the Planning Scheme.
The Cambridge Dictionary defines “policy” as:
“A set of ideas or a plan of what to do in particular situations that has been agreed to officially by a group of people, a business organization, a government, or a political party.”
Policy is Policy is Policy !
Despite ongoing objections raised with the City of Moreton Bay, their planning department has given delegated approval to the application for a development permit for the seven storey building. The Planning Scheme Policy instruments permit only a three storey building for the target site based upon its metrics.
Since the announcement of the approval, several neighbouring owners have lodged official Governance Complaints with Council calling for the Council Executive to rescind the delegated approval on the basis that it deviates from Adopted Policy. In addition to the deviation with regards to the building structure, there are other deviances from the adopted planning policies.
The Council has given delegated authority to the Planning Officers, but has failed to provide oversight to ensure conformity with Policy. This has enabled the Planning Department to adopt a practice known as “normalisation of deviance”. The normalisation of deviance is clearly evident in other approvals where they often use terms such as “generally in accordance with” and ”..proposed development is capable of complying with the intent of the Moreton Bay Regional Council Planning Scheme” in documented reasoning for approvals.
Due to the non-compliance of the delegated approval, owners of neighbouring properties have suffered significant financial loss due to the reduced values of their properties. Valuations lower by $200,000 have been reported due to the loss of amenity and ocean views that will be the result of a seven story building on a property where permission should only be given for a three storey building. There are Owners of 30 affected Units within the 60 Unit Waves Redcliffe apartment building. The Waves Apartment property at 17-23 Marine Parade Redcliffe and is immediately adjacent to the planned seven storey property.
Other than the reduction in the adjacent property values, there is the impact are the reduction of natural sunlight, wind tunnel effects between buildings and the loss of privacy. These factors are causing unwarranted hurt and anguish to the 30 affected owners because of the dismissal of the concerns of those owners.
Monetary compensation should be sought from the City of Moreton Bay Council which has deviated significantly from their adopted policy with the approval of the development application.