January 2018
UPDATE: MINISTER WILL NOT PLACE STOP ORDER

The Minister has responded to our request for a Stop Order and will not be issuing a Stop Order.

The National Trust of Australia (Queensland) believe that this instance highlights an area of weakness in the current legislation with regard to the settings of heritage places.   Whilst some changes were made to planning and heritage legislation due to proposed development adjacent to Customs House in Brisbane, the stance of the National Trust of Australia (Queensland) is that further work is required to adequately protect heritage places and their settings.

The National Trust of Australia (Queensland) particularly feel that amendments to Planning Regulations 2017 are needed to ensure that that development near (not simply “adjoining” as the current legislation states) places of State heritage significance is impact assessable.  Further, the Queensland Heritage Act should be amended to ensure that Stop Orders can be applied to developments that affect the heritage significance of nearby places and their settings.

17 January 2018 – Response received from the Minister re the NTAQ request to stop work order.
18 January 2018 – NTAQ response to the Minister.

 

22 December 2017

The National Trust of Australia (Queensland) has requested a Stop Order, under Division 3, Section 154, of the Queensland Heritage Act, 1992 for two approved development applications at Lutwyche, Brisbane(DA #A004628058 and DA #A004756525).  The two Development Applications relate to the property addresses of:

  • 32 LAURA ST LUTWYCHE QLD 4030;
  • 33 LAURA ST LUTWYCHE QLD 4030;
  • 36 LAURA ST LUTWYCHE QLD 4030;
  • 36A LAURA ST LUTWYCHE QLD 4030;
  • 37 LAURA ST LUTWYCHE QLD 4030;
  • 39 LAURA ST LUTWYCHE QLD 4030;
  • 30 THALIA CT CORINDA QLD 4075; and
  • 39 LOWERSON ST LUTWYCHE QLD 4030.

A request has been made for a Stop Order to prohibit work from starting on the stated activity contained in the two Development Applications.


Letter to the Minister for the Environment and the Great Barrier Reef : Request to make Stop Order under the Queensland Heritage Act, 1992
Attachment A – 15 November 2017 – DEHP Letter of Support 
Attachment B – 11 June 2010 – Letter from Office of the Lord Mayor Brisbane

 

The Threat

Earlier this year, Brisbane City Council approved via Code Assessable Development the proposed 8-storey retirement village on the property adjoining Conon.  Conon, built in 1863 and lies to the east of Lutwyche Road. Unfortunately, heritage provisions were not triggered because the QHR listed boundary is not “adjacent” to the development site (under the, it has to be adjacent for the development to impact assessable).  The grass lawn court has an adjoining boundary – but because it was owned by someone else when the QHR listing took place, it was not included in the heritage listed boundary.

Because the development was considered code assessable, there was no public notification of the project and the owners of Conon were not informed, nor were any other adjoining neighbours.  There was no Statement of Heritage Impact prepared, thus the development was not designed to be sympathetic to Conon.

The development comprises a very large 8-storey retirement facility with most of the bulk and height on the side adjoining Conon.   It will be clearly visible from inside the house and from within the grounds.   It will tower behind the main elevation of Conon and significant views within the garden will be lost and overshadowed.

 

Trust Stance

The National Trust of Australia (Queensland) encourages careful development with good design – we showcase the results of this with our annual Heritage Awards.  We understand that most developments are balancing a myriad of issues and constraints and we welcome a collaborative approach with developers to assist with refining their designs so that the significance of our heritage is no adversely impacted by development.

We are not opposed to a retirement facility being built on the proposed site.  However, we believe that the proposed development should have impact assessable so that the significance of Conon and its setting is retained and not negatively affected.

The National Trust of Australia (Queensland) believes that Brisbane City Council’s method of approving this development via code assessable development and involving no notification or public notification should not have occurred

We recommend that a Stop Order be placed on the proposed development by the Minister for Environment and the Great Barrier Reef so that the following actions can be taken:

  • A thorough and robust Heritage Impact Statement be prepared by a qualified and suitably experienced heritage consultant;
  • Community consultation be undertaken;
  • A re-design of the project occurs, post Impact Statement, which provides an adequate buffer between the development and Conon and which steps the development back from the common boundary, so that the higher levels are further away from the significant setting and view lines.

 

Trust Action

For the first time in the history of the National Trust of Australia (Queensland), our organisation has requested that the Minister for the Environment and Great Barrier Reef place a Stop Order on the proposed development so that our recommended actions can take place.

We have requested the Stop Order via email and presented the letter to eth Minister’s office.  We have informed our members via email and Facebook, and alerted the media to our stance.

22 December 2017 
Letter to the Minister for the Environment and the Great Barrier Reef : Request to make Stop Order under the Queensland Heritage Act, 1992
Attachment A – 15 November 2017 – DEHP Letter of Support 
Attachment B – 11 June 2010 – Letter from Office of the Lord Mayor Brisbane

Development Applications:
DA# A004628058 Laura Street and Lowerson Street, Lutwyche
DA# A004756525 Laura Street, Lutwyche and Thalia Court, Corinda

 

Media Release: 22 December 2017

 

What you can do

We need your help! Please read our letter to the Minister and then write your own letter to the Minister requesting that they implement our recommendations and issue the Stop Order. Every letter counts – it’s time to activate your voice!