A six-year court case between a Thornlands land owner and Redland City Council has finally been settled, paving the way for a neighbourhood centre at Taylor Road and Woodlands Drive.
In August, the Planning and Environment Court upheld landowner Joe George's 2009 appeal against a council decision to block his plans for the centre and housing estate.
Redland City Council said the court granted the approval with the consent of all parties but did not claim the case was settled out of court.
Judge Richard Jones gave preliminary approval to vary the planning scheme for the proposal but attached 14 conditions.
The court consent order approves minimum lot sizes of 6000sqm but does not authorise development to occur.
Development and compliance permits will still be necessary depending on the design of the project.
Plans would also have to ensure a road connection between the site and the property directly to the north.
All land identified in the Open Space precinct must be kept as open space – even under a community title scheme.
A revised concept master plan must also be submitted to council before showing the open space before any development application is lodged.
Division 2 councillor Craig Ogilvie said he could not understand why council had agreed to allow a plan that was contrary to the current planning scheme and to the draft Redland City Plan 2015 which is currently on display.
“If your current and advertised intent for the area is to keep it rural then why would you agree to develop it into smaller blocks?” he said.
A council spokesman said the approval only affected the one site and zoning of other surrounding land remained unchanged.
A nearby Thornlands landowner, Lorette Wigan, is also awaiting the outcome of her appeal against a 2009 council refusal for a 20 hectare subdivision in Taylor Road.
Council claimed the proposed development was contrary to the Rural Non-Urban zoning of the Redlands Planning Scheme and the size and scale of blocks was not in line with the zoning of the area.
In May, last year, Judge Jones dismissed council's request to rule the Wigan development application incompetent.
A council spokesman said the Wigan matter was an active appeal and could not comment.
The Wigan case has been adjourned.
