A development application for a service station, fast food premises and takeaway food premises was refused by the Council, but approved on appeal to the Planning and Environment Court. The Court of Appeal upheld the Council’s appeal against that decision. The case involved a consideration of the principles set out in Bell v Brisbane City Council & Ors  QCA 84 and the construction of certain provisions of the Council’s planning scheme.
John Ware appeared on behalf of the Appellant in the Court of Appeal (with Gibson QC), instructed by Hopgood Ganim.
The judgment is available here.