An appeal heard together with Appeal No 694 of 2018. The appeals related to development applications made by BGM Projects Pty Ltd (“BGM”) and Australian National Homes Pty Ltd (“ANH”) to develop a shopping centre to address an identified need for an additional local centre to serve the emerging population in a town and suburb in Queensland. The question in the appeals was whether the need for an additional local centre in the area should be addressed by approving one of the proposed shopping centres and, if so, which one. Reasons for judgment were given in Appeal No 340 of 2018 and Appeal No 694 of 2018.
Following various appeals, the parties subsequently reached agreement about appropriate final orders, including the conditions that should be imposed on the development approval, save in relation to one issue: whether there should be a consequential order limiting the currency period for the development approval. BGM’s development application sought a development approval to make a material change of use. That type of development approval attracted a statutory currency period of six years after the approval starts to have effect, unless another period was stated for that part of the approval. The Appellant’s primary position was that the term of the currency period should be two years. His alternative position was that the currency period should be two years, with provision to extend the period automatically by a further year once construction of the approved buildings had substantially commenced. BGM contended that the currency period should be four years. The Moreton Bay Regional Council did not oppose a four-year currency period.
John Ware appeared for the Respondent, instructed by the Moreton Bay Regional Council.
The judgment is available here.