We show here some relevant details concerning 77-Sutton Street, and the Council's approval for a 28.55 m high nine-storey building where the published maximum height above ground level is 21 m.
By inappropriate approval of a 28 m high building in a zone where the Planning Scheme Code and Policy specify a maximum building height of 21 m above ground level, the City of Moreton Bay Council is, in effect, surreptitiously bypassing the requirements for making changes to Planning Policy as set out in the Planning Act 2016.
By approval of DA/2024/5954 the Council sets a precedence signifying that it is willing to approve similar development applications that far exceed the planning scheme metrics. This is then bypassing the several steps required under the Act to make planning policy changes.
These steps include:-
All these requirements of the Act are being avoided by the clandestine practice adopted by Council.
Real Estate Agents are using approvals such as DA/2024/5954 enabling them to promote sales of nearby properties.
e.g. For a property at 29 Sutton Street the Agent selling notice shows:-
Code Assessable Building Height of 21m* (6 storeys), with scope to increase to 8 stories based on surrounding precedent nearby
Council continues its normalisation of deviance by the practice of deviating from the adopted Planning Policy and setting precedents for other sites. This in effect avoids the set procedures as set out in the Act for modifying the planning policy.