Second Quest modification succeeds in deleting screens

Councillor Tony Mileto moved an amendment to delete the vertical screens linking the balconies.

"I believe having the vertical screens would create a potential risk for not only for council but the landowners," he said.

"Those awnings would create a ladder-type effect, which would allow people to climb up - some councillors would be aware of some of the activity which goes on in the Gold Coast and when young people start drinking, you see them climbing over balconies."

Development services director Mark Hodges said the screens would have to comply with the Building Code of Australia, which would not allow horizontal slats to be used as steps.

Councillor Joanne McRae pointed out a recommendation in the staff report to obtain legal advice if the screens were to be deleted, to confirm whether the changes would fit the rules of modification applications.

NSW Land and Environment Court precedent means modifications are usually allowed for developments which are substantially the same as previously approved, even if the work concerned is already complete.

PLANS: Previously approved screen designs for Quest...

Council staff contended the screens were essential to breaking up the bulk of the original proposal and limiting its impact on neighbouring heritage items and therefore, deleting the screens would fail the test.

The building was completed in October.

"My concern is, is council opening itself to legal challenge, I'm not sure who might take on that legal challenge, but ... there's been a few modifications," Cr McRae said.

She questioned whether it could set a precedent for design changes to other key buildings near heritage items, but was told each application was made on a case-by-case basis.

However, councillor Jeff Whitton said while staff had to stick to the rules, councillors had some discretion.

"I think the screens close the street too much," he said.

Councillor Kevin Duffy questioned how many buildings in town featured screens.

"I can't think of any - you've got the visual impact for the people staying there that want to see Orange rather than screens," he said.

"There's no heritage in screens."