An appeal was brought in the Queensland Planning and Environment Court against the respondents from an approval by the respondent of an application for the co-respondent’s use of a dance studio in a building approved for warehouse use.
Issues considered by the court were:
- whether proposed use of a dance studio was “indoor sport and recreation” or an “educational establishment”;
- whether proposed use complied with the strategic framework of the city plan;
- whether proposed use complied with low impact industry zone code of the city plan; and,
- planning discretion under s 60 of the Planning Act 2016.
The appeal was dismissed and the respondent’s approval of the development application confirmed, with the Court supporting the respondents’ submissions that the proposed use of a dance studio was classified as “indoor sport and recreation”, the dance was not readily catered for in other areas and did not compromise the use of general industry land, the zone low impact industry zone code admitted for non-industrial uses, and the approval was a balanced decision in the public interest.
John Ware appeared for the respondent, Gold Coast City Council, instructed by McInnes Wilson.
The judgment is published here.