The Planning and Environment Court of Queensland considered an appeal of six decisions made by the respondent, concerning Moreton Bay Regional Council’s refusal of the appellant’s development applications. The appellant initially proposed the development of 833 residential lots, in addition to surrounding infrastructure. All six appeals were dismissed.
The Court identified that the proposed development was contrary to the planning scheme, initiated by the Moreton Bay Regional Council. Developments contrary to the respondent’s planning scheme can still be accepted and take place. However, the proposed development failed to comply with the purposes and outcomes of the scheme. Specifically, the development would negatively impact ecology and had the potential to isolate residents due to a lack of public transport and access to the community. This would impose unplanned maintenance and community infrastructure costs for the respondent.
Rob Anderson QC (with R Litster QC, B Rix and W Macintosh) appeared for the appellant, instructed by Macpherson Kelley.
The judgment is published here.