An application for redevelopment approval for land in the Principal Centre zone at Maroochydore. The proposed development required vehicle access via both a State-controlled and local road. The appellant’s proposed grounds of appeal concerned challenging the refusal to grant access to the State-controlled road (Transport Infrastructure Act 1994) and objecting to the Development Conditions imposed by the Council.
The planning and Environment Court examined the reasonableness and justification of the conditions which restricted access to the State-controlled road. The court assessed the necessity and impact of these conditions on the proposed development and concluded that they were appropriate. Consequently, the appeal under the TIA was dismissed, and the development approval (including the imposed conditions) was upheld.
Rob Anderson KC (and Ms K Buckley) appeared for the Chief executive, instructed by McInnes Wilson.
The judgment can be read by clicking here
