The appellant (Coles) seeks to develop a “homemaker” style development, including
a supermarket on the land the subject of the appeal at Beerwah. The development is
to be staged through separate development applications. There are three appeals on
foot from the Council’s refusal of the relevant development applications. Appeals
2243 and 2245 involve impact assessable development; the parties are Coles, the
Council, Village Fair Investments (Village Fair) and the Chief Executive. Appeal
2244 (reconfiguring a lot) relates to code assessable development and only involves
Coles and the Council.
The subject of the controversy in the present application was a new provision for a U-turn facility at the north eastern corner of the site, largely to facilitate U-turns by
heavier vehicles, in particular articulated vehicles. For the Court’s consideration was whether the proposed minor change would result in a substantially different development as the proposed change creates a new access point, creates new adverse impacts, involves new land or stifles third party rights.
John Ware appeared for the respondent, instructed by Legal Services, Sunshine Coast Regional Council.
The judgment is published here.