John Ware represented the First Co-respondent, instructed by McInnes Wilson.
In summary, the appellant sought approval for a mixed-use development and appealed against Moreton Bay Regional Council’s deemed refusal of its development application. The key issues were whether the proposed uses were appropriate, whether there was a need for the scale and intensity of the development, whether the proposal detracted from character and amenity, and whether any relevant matters justified approval despite non‑compliance. In dismissing the appeal and refusing the application, the Court held that the development was non‑compliant with fundamental provisions of the Planning Scheme and Township zone code, particularly those preventing the encroachment of centre uses into the Township residential precinct. Notwithstanding that its visual presentation was appropriate, the overall scale and uses of the proposed development were notably non-compliant with important planning policies, warranting refusal.
The judgment can be read by clicking here
