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What Council likes doesn’t matter

This is your proposed development.

You like what you have created.

But the Council doesn’t.

Or maybe a submitter neighbour doesn’t like it.

The Council refuses your development application.

Or maybe the submitter appeals the approval of your development.

Let’s just call them your opponents, no matter who they are.

Your opponents tell you that if you delete certain problems in your development, they will be OK with it.

But you don’t want to build something that looks like this.

When you carefully consider the changes your opponents want, you start to ask yourself the question “why”.

You come to realise that the changes are not their problem.

They are in fact their solution.

But you don’t like their solution because you do not want to build what they have in mind.

So you go digging.

As we all know, there can be more than one solution to a problem.

The thing is, your opponent has specified a solution for you.

Only an understanding of what problems are driving their solution, can you begin to identify alternative solutions.

In development, there are two types of solutions.

Modify your drawings.

And amend or impose conditions.

Because all that matters in the end is what’s in the development approval, being the conditions, and the approved drawings.

So you go back to what you first proposed and ask your opponents “Why? Why? Why?” until you identify what the real problem is.

You come to realise that there are other solutions available to deal with their problems and they are solutions you can live with.

And you might prefer that other solution, and maybe your opponents had never even though of it.

And before you know it, you have reached agreement with your opponents to modify the development in a way that is acceptable to both of you.

And it means you are not stuck with building something you don’t want to, or can’t, build.

Resolving planning appeals is not about a process.

It is about identifying the real problems and identifying the mutually acceptable solutions to address them.

I hope you have found this information helpful. Remember you can always contact us to discuss your specific needs, We’re here to help.

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Andrew Davis Planning Lawyers services all areas of Queensland.

Brisbane Office
Level 27, Santos Place
32 Turbot Street
Brisbane QLD 4000

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