Spokesperson Nick Kennedy says In an email: “…the large number of detailed questions you have submitted are not able to be answered at this point in time.”
As a sop he sent a previously-released media statement with the comment that it “reflects Council’s position on this issue and will address many of your concerns, including clarifying that an Infrastructure Agreement does not convey approval for a development application”.
This is wrong. In paragraph 2.5(a)(i) the infrastructure agreement clearly conveys approval for a development application, referring to a situation when "...a Development Approval in respect of a Development Application is given."
And the statement did not address any of my concerns.
I have responded to Mr Kennedy by saying: “There is no legal reason why the council should refuse to answer my questions.
“The statement issued by the council does not answer any of my questions.
“I would, therefore, be grateful for answers (in a timely manner) to each of the questions I have put.”
Here is a complete list of the questions (together with a couple of preambles) the spokesperson for Lord Mayor Quirk has refused to answer:
1 Paragraph 2.5(a)(I) of the agreement refers to a future time when – and I quote from the agreement - "...a Development Approval in respect of a Development Application is given."
2 Under what power did Brisbane City Council sign an agreement that states categorically that there will be a development approval for land which is now the subject of application A003905687?
3 Why was this agreement to grant development approval made before the present planning application A003905687 was even proposed?
4 The agreement refers to land which is officially zoned as 'rural", "environmental protection" or "environmental management" and 'emerging community" as "Development Land".
5 Why does Brisbane City Council refer to land which is zoned as 'rural", "environmental protection" or "environmental management" and 'emerging community" as "Development Land"?
6 Did any representative of Brisbane City Council supply Institutional Investments Pty Ltd or anyone else with any indication or advice, either orally or in writing, that it was likely that approval would be given for development to take place on the land now subject to application A003905687 and which is zoned as 'rural", "environmental protection" or "environmental management"?
7 Paragraph 2.4(c) makes it plain that Brisbane City Council is accepting land from the land owner for park purposes – and I quote from the agreement - "based on a notional density to be developed on the Development Land of 1350 residential detached dwellings".
8 Did any representative of Brisbane City Council inform Institutional Investments, Ian MacAllister, Huntsman Property Pty Ltd, Cedar Woods Pty Ltd or anyone else associated with the land which is the subject of this agreement that Council would be positively disposed to a planning application for a development of more than 1000 dwellings?
9 With this binding agreement that
“all infrastructure charges or contributions will be payable by the Applicant in accordance with the Infrastructure Planning Instrument applicable at the time a Development Approval in respect of a Development Application is given”
and that Brisbane City Council has agreed to accept 91 hectares of the applicant’s land for its purposes
“…based on a notional density to be developed on the Development Land of 1350 residential detached dwellings…”
how will it be possible for Brisbane City Council to withhold approval for dwellings to be erected on land currently zoned “rural”, “environmental protection”, “environmental management” and “emerging community” at greater than the density allowed under Brisbane City Plan 2000, Brisbane City Plan 2014 and the Ferny Grove/Upper Kedron Local Plan?
10 Was the proposed Infrastructure Agreement for Institutional Investments for land at Upper Kedron discussed by any committee of Brisbane City Council? If so which committee(s) and what was that committee’s decision?
11 Who authorised the making of the agreement?
12 How was it possible for Brisbane City Council to agree to changing the designation of land zoned as “rural”, “environmental protection” and “environmental management” to “Development Land” as designated in the agreement contrary to Brisbane City Plan 2000, Brisbane City Plan 2014 and the Ferny Grove/Upper Kedron Local Plan?
13 On what basis did Brisbane City Council agree that up to 1350 dwellings could be built on the land in question?
14 Why has Brisbane City Council signed an agreement that the number of dwellings to be built on the land in question can be increased from 1350 if more land is given to it for park purposes when the overriding planning requirement is for very low density or low density housing?