Dispute concerning the appropriateness of a negotiated decision. The First Respondent, the Sunshine Coast Regional Council, approved a development application made by the Second Respondent, Pacific Diamond 88 Pty Ltd. The application concerned the material change of land used of residential housing to multiple dwelling units and a shop. Despite a petition and community submissions expressing the view that the development would have detrimental impacts on the nearby Buddina Beach, a turtle nesting ground, the application was recommended for approval on the basis that the proposed development sufficiently complied with planning requirements and the issues raised could be addressed by reasonable and relevant conditions. The development application was subsequently approved. The Applicant sought orders for reconsideration of the approval assessment.
Long SC DCJ determined that the evidentiary and jurisdictional requirements to make the negotiated decision were satisfied. Further, His Honour determined that the First Respondent addressed the possible environmental impacts of the development and properly minimised these risks. Therefore, the negotiated decision was valid and the originating application was dismissed.
John Ware appeared for the First Respondent, the Sunshine Coast Regional Council, instructed by Sunshine Coast Council Legal Services.
The judgment is published here.