The applicant sought declarations and orders that would disturb the approval of a section of the Gold Coast Oceanway.
The development application was code assessable. The relevant code was State Code 8: Coastal Development and Tidal Works. The applicant’s case argued that the decision was so unreasonable that no decision-maker could have reasonably made it and that it amounted to an improper exercise of the decision-maker’s power. Issues were raised in particular with the design, stability and functionality of the development.
The court held that the decision to approve the development application based on compliance with the performance outcomes was not legally unreasonable or an improper exercise of discretion on that basis.
Rob Anderson QC (with B Rix) appeared for the applicant, instructed by Hickey Lawyers.
The judgment is published here.