The appellant applied to the respondent for a material change of use permit to develop land for a service station, convenience store, take-away food premises and a fast food drive through premises. The land was in the Detached Dwelling Domain and the Residential Choice Domain of the Gold Coast Planning Scheme 2003. At issue was whether the proposed use for the fast food premises and the take-away food premises conflicted with the 2003 Planning Scheme and should be considered “undesirable or inappropriate”. Under consideration was s 326(1)(b) of the Sustainable Planning Act 2009 (Qld) where uses can be approved provided there are sufficient matters of public interest to warrant approval and whether there were sufficient grounds to justify the appellant’s material change of use permit.
John Ware (led by G Gibson QC) acted for the Respondent, instucted by Hopgood Ganim.
The judgment is published here.