Charters Towers Operations Pty Ltd v Charters Towers Regional Council - [2025] QPEC 12

PLANNING AND ENVIRONMENT COURT OF QUEENSLAND

CITATION:

Charters Towers Operations Pty Ltd v Charters Towers Regional Council [2025] QPEC 12.

PARTIES:

Charters Towers Operations Pty Ltd
ACN 655 026 305

(Appellant)

v

Charters Towers Regional Council

(Respondent)

FILE NO:

2544 of 2023

DIVISION:

Planning and Environment

PROCEEDING:

Appeal against refusal.

ORIGINATING COURT:

Planning and Environment Court, Brisbane.

DELIVERED ON:

11 June 2025

DELIVERED AT:

Brisbane.

HEARING DATE:

18 – 21 June 2024. Written submissions received 9 July 2024 and 17 March 2025.

JUDGE:

Byrne KC DCJ

ORDER:

The appeal is adjourned to a date to be determined on the delivery of these reasons, for further review, in light of these reasons.

CATCHWORDS:

ENVIRONMENT AND PLANNING – PLANNING – PLANNING CONTROLS – QUEENSLAND – LOCAL PLANNNG INSTRUMENT – where an appeal lies against the refusal by the respondent of an application for a material change of use – where the application sought approval to construct and operate a non-resident workforce accommodation facility in the rural residential zone as designated in the Charter Towers Town Plan, version 2 – where the application is impact assessable.

ENVIRONMENT AND PLANNING – PLANNING – PLANNING CONTROLS – QUEENSLAND – LOCAL PLANNNG INSTRUMENT – where the planning instrument requires that non-resident workforce accommodation be a temporary use strictly limited to the construction phases of the major project – meaning of temporary - whether the planning instrument requires that the applicant can establish that the facility will supply accommodation to one or more specific projects.

ENVIRONMENT AND PLANNING – PLANNING – PLANNING CONTROLS – QUEENSLAND – LOCAL PLANNNG INSTRUMENT – whether the planning instrument allows a non-resident workforce accommodation facility in the rural residential zone – where issues of social planning, economic need and character and visual amenity are raised by the issues in dispute where some aspects of the application are in conflict with provisions in the planning instrument - whether the application warrants acceptance, in whole or in part and with or without conditions, as an exercise of discretion.

LEGISLATION:

Acts Interpretation Act 1954, ss. 7, 32C.

Planning Act, ss. 45, 60, 65.

Planning and Environment Court Act 2016, ss. 43, 45, 46, 47.

Planning and Environment Court Rules 2018, r. 34.

Planning Regulations 2017, rr. 30, 31.

CASES:

AB v Independent Broad-based Anti-Corruption Commission (2024) 278 CLR 300.

Abeleda v Brisbane City Council and Anor (2020) 6 QR 441.

Acland Pastoral Co Pty Ltd v Rosalie Shire Council [2008] QPELR 342.

Arksmead Pty Ltd v Council of the City of Gold Coast [2001] 1 Qd R 285.

Ausco Modular Pty Ltd v Western Downs Regional Council and Anor [2018] QPELR 80.

Bell v Brisbane City Council & Ors [2022] QPELR 289.

Broad v Brisbane City Council & the Baptist Union of Queensland [1986] 2 Qd R 317.

Clarry & Anor v Brisbane City Council [2024] QCA 39.

Development Watch Inc v Sunshine Coast Regional Council & Anor [2022] QCA 6.

Harris v Scenic Rim Regional Council [2014] QPEC 16.

Isgro v Gold Coast City Council & Anor [2003] QPELR 414.

Lennium Group Pty Ltd v Brisbane City Council & Ors [2019] QPEC 17.

Metroplex Management Pty Ltd v Brisbane City Council & Ors [2010] QCA 333.

Murphy v Moreton Bay Regional Council [2019] QPELR 417.

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355.

Ramsay Health Care Australia Pty Limited v Brisbane City Council & Anor [2024] QPEC 49.

Room2Move.com Pty Ltd v Western Downs Regional Council [2019] QPEC 34.

Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16.

The Queen v A2 (2019) 269 CLR 507.

WBQH Development Pty Ltd v Gold Coast City Council [2009] QPEC 54.

Woodlands Enterprises Pty Ltd v Sunshine Coast Regional Council [2020] QPEC 67.

Zappala Family Co Pty Ltd v Brisbane City Council [2014] QPELR 686; [2014] QCA 147.

COUNSEL:
Mr. M. Batty and Ms. J. Bowness for the appellants.

Mr. E Morzone KC and Mr. N. Batty for the respondents.

SOLICITORS:
McCullough Robertson for the appellants.

McDonnells Law for the respondents.

Table of Contents

Introduction

The issues on the appeal

The site, the surrounding areas and the proposed development.

Major construction projects relevant to the application

CopperString project

Big Rocks Project

The expert opinions

Town planning issues

The proposed development’s relationship to major projects.
Whether the proposal is temporary in nature
Compliance with the planning scheme more generally
Consideration of character issues
Other relevant matters

Social planning issues

Traffic issues

Noise Issues

Character and Visual Amenity issues

Need issues.

Other evidence

Mr Paul Czislowski

Ms Hayley Thompson

Common material – properly made public submissions.

Overall Consideration

Town planning issues

Does the planning scheme guide the location of a non-resident workforce accommodation facility?
Does the planning scheme require a facility to be “tied” to a particular project for a temporary period of time?
Has the appellant established that the proposed development is “tied” to one or more relevant projects?

Impacts on rural residential character and amenity.

Social planning issues

Need issues for the proposed development.

Other relevant matters

Common material – properly made submissions.
The currently proposed conditions

Conclusions

Orders

Annexure A - Relevant Town Planning Scheme Provisions.

Introduction

On 30 October 2023, the Queensland Government committed to commencing construction on the CopperString 2032 project (“the CopperString project”) by announcing the provision of a substantial funding package. Other subsequently issued documentation confirms that the project will proceed. The CopperString project entails the provision of an approximately 840 kilometre high-voltage electricity transmission line from south of Townsville to Mount Isa. The object of the project is to connect the Queensland North West Minerals Province to the national electricity grid. That involves three stages of electricity transmission, each carrying different voltage of electrical transmission line. The overall construction was to commence in mid-2024, around the time the appeal was heard, and is slated to be completed in 2029.[1] It is, self-evidently, a large-scale construction project.
[1] Exhibit 31; Coordinator-General’s Change Report – no. 1 Hughenden workers accommodation camp.
Also, at relevant times, the construction of a 10,000 megalitre weir on the Burdekin Rover at Big Rocks, about 25 kilometres north of Charters Towers (“the Big Rocks project”) had been proposed. Associated documentation suggested a start date for construction in 2026, with 172 full-time construction jobs expected to be created.[2]
[2] Exhibit 12; JER Need, page 23.
On or about 6 May 2022 the appellant lodged a Development Application for the construction of a 404-bed non-resident workforce accommodation facility (“the proposed development”) on land commonly referred to as 82-92 Deanes Road, Millchester (“the site”), a locality of Charters Towers. The Development Application was impact assessable, assessable against the Town Plan and there were no referral agencies. Ninety-four public submissions were received, all of which opposed the application.
After the issuing of, and response to, two information requests and the receipt of public submissions, the respondent, on 23 August 2023, issued a decision notice refusing the Development Application. The appellant has appealed that decision.

The issues on the appeal

On 23 April 2024, this Court was satisfied that a proposed change in the development application constituted a minor change, and ordered that the appeal proceed on the basis of the changed development application. That minor change included amendments to the previously proposed landscaping, fencing and acoustic barriers.
Subsequently, the issues in dispute in the appeal were identified, again by order of this Court, by reference to the appellant’s Reasons for Approval and the respondent’s Amended Reasons for Refusal. In essence, the issues raised are:
a)the proposed land use’s compliance with the planning scheme and its intent, and any restrictions imposed (town planning issues);
b)whether there is a demonstrable need for the proposed development (need issues);
c)the impact that the proposed development will have on the character and visual amenity of the existing locality (character and amenity issues);
d)whether the social impacts of the proposed development on workers, their families or Charters Towers residents were such that the application should be approved (social planning issues); and
e)other relevant matters raised, including touching on the properly made submissions and the appropriateness of the proposed conditions.
The minor change approval negated the need to consider the distinct issues of traffic (although this is still relevant to the assessment of amenity issues) and noise.
The 16 planning scheme provisions that were put directly in issue, after the approval of the minor change, some other provisions of the planning scheme that were raised in the course of the hearing and the associated definitions have been extracted in Annexure A to these reasons. Although not strictly accurate, for ease of reference I will refer to these provisions as though they were sections of a statute.
In essence, the appellant contends that the proposed development complies with applicable provisions of the planning scheme, that any non-compliance is such that the application does not warrant refusal and that there are relevant matters, including significant need, that weigh in favour of an approval. It is contended that the proposed development should be approved, subject to appropriate lawful conditions.
The respondent contends that the appeal should be refused. It argues that the development application does not comply with the planning scheme in material and significant ways, that there is no actual need for the proposal and that character and amenity impacts rise to a level that justifies refusal. It argues that these issues cannot be cured by the imposition of conditions.

The statutory assessment framework
Under the Planning and Environment Court Act 2016 (“PECA”), this appeal is to be conducted by way of a hearing anew,[3]and this Court will make a decision on the appeal as if it were the assessment manager for the development application.[4] The appellant bears the onus of establishing that the appeal should be upheld.[5]
[3] Section 43 of PECA
[4] Section 46(2) of PECA.
[5] Section 45 of PECA.
This Court must make one of the orders set out in s. 47 of PECA in disposing of the appeal.

As the development application is impact assessable, my assessment must be carried out against the assessment benchmarks in the planning scheme, having regard to the matters prescribed by regulation, and may be carried out against, or having regard to any other relevant matter, other than a person’s personal circumstances.[6] It is sufficient for present purposes to simply note that regs. 30 and 31 of the Planning Regulations 2017 list the matters prescribed by regulation. The latter regulation brings into consideration the common material.
[6] Section 45(5) of the Planning Act 2016 (“PA”)
I am invested with broad powers in determining the appeal under s. 60(3) of the PA, including approving the application as a whole or in part, with or without conditions.[7] The power to approve the application in part is not constrained by considerations of whether the approved part amounts only to a minor change to the whole application. Although Metroplex Management Pty Ltd v Brisbane City Council & Ors[8] was decided under different legislation, I cannot detect any reason why the same outcome should not result under the PA.
[7] Sections 65 and 66 of the PA.
[8] [2010] QCA 333
In exercising any of those powers, the observations of Mullins JA (as her Honour then was) in Abeleda v Brisbane City Council and Anor[9] are apposite. In particular, non-compliance with an assessment benchmark is likely, in most instances, to attract significant weight because the planning scheme is taken to embody the public interest in matters of this nature. However, non-compliance is only one of many relevant features that must be assessed and weighed in reaching the appropriate conclusion in the circumstances of the individual assessment.
[9] (2020) 6 QR 441.
The same principles which apply to statutory construction apply to the construction of planning documents. Observations in Project Blue Sky Inc v Australian Broadcasting Authority,[10] were referred to in Zappala Family Co Pty Ltd v Brisbane City Council,[11] but more recent authorities including The Queen v A2[12] and AB v Independent Broad-based Anti-Corruption Commission[13] also provide assistance. The construction task must also be conducted bearing in mind the hierarchy of the assessment benchmarks,[14] and the methods prescribed for determining compliance with the assessment benchmarks for assessable development under the planning scheme.[15]
[10] (1998) 194 CLR 355, [69]-[71], [78].
[11] [2014] QPELR 686; [2014] QCA 147, [52], [56].
[12] (2019) 269 CLR 507, [32]-[37].
[13] (2024) 278 CLR 300, [21].
[14] Section. 1.5 of the planning scheme.
[15] Sections. 5.3.3(3), (4) and (5).
As observed by Mullins P in Clarry & Anor v Brisbane City Council,[16] the nature of planning instruments is a relevant consideration in their construction, as there can be multiple provisions that are applicable to the same site. They must be read as a whole and in a practical manner, intending to achieve a balance between the outcomes.
[16][2024] QCA 39, [38].
Although the present application is impact assessable, its determination in part raises satisfaction of code requirements. That assessment is to be undertaken as though that part of the application is code assessable.[17] Compliance with the code will be achieved if the proposed development complies with either the purpose and overall outcomes of the code, or the performance and acceptable outcomes.[18]
[17]Lennium Group Pty Ltd v Brisbane City Council & Ors [2019] QPEC 17, [201]; Bell v Brisbane City Council & Ors [2022] QPELR 289, [50].
[18] Section 5.3.3(4)(c).

The site, the surrounding areas and the proposed development.

The site is located within the rural residential zone (“RR zone”), as designated by the Charters Towers Regional Town Plan, version 2 (“the planning scheme”) which was in force when the development application was lodged, and remains in force. More broadly, the Charters Towers LGA is a large geographical area; the planning scheme asserts it is larger than Tasmania. Unsurprisingly for an LGA of that size, it comprises a diverse array of land features and uses.
I was assisted in understanding the evidence in this hearing by viewing the site. It is an irregularly shaped block of land of 4.104 hectares, and which is surrounded by five roads, of varying quality. In that sense, it has been described accurately as an island, because there is no common boundary to any neighbouring property.
The site has a frontage of about 128 metres to Deanes Road, which is a bitumen sealed road that has no footpaths, kerbing or channelling and runs roughly north-north-east from its T-junction intersection with Phillipson Road. It borders the whole of the eastern boundary of the site. At the northern most end of Deanes Road is its intersection with Millchester Road, a designated arterial road. Although it is not precisely stated in the evidence, the length of Deanes Road appears to be in the order of 700 metres. It is proposed that the driveway access to the proposed development be placed at the far northern end of the eastern boundary, and then for it to run adjacent to the northern boundary, ultimately to the carpark at the far western end.
Phillipson Road is also a bitumen sealed road that has no footpaths, kerbing or channelling. It runs essentially west from the T-junction with Deanes Road, although it turns to the southwest just before its four-way intersection with Nagle Street. the site has a frontage of about 206 metres to Phillipson Road. It borders the whole of the southern boundary of the site.
Nagle Street runs essentially north-west from its intersection with Phillipson Road. It is an unsealed road and would, in layman’s terms, be referred to as a dirt road although, in this part, it is roughly of the same width as the aforementioned sealed roads. Again, there are no footpaths, kerbing or channelling. Measured to its four-way intersection with Creek Street, it provides a frontage for the site of about 184 metres. It provides the boundary to the whole of the western side of the site.
Creek Street runs essentially north-east and provides a frontage of about 109 metres for the site. It is described as an unmade road reserve, and intersects with Richard Road. I will refer to this frontage as the north-western boundary.
Richard Road is angular, initially running roughly south-south-east from its intersection with Creek Street and then essentially west until it forms a T-junction with Deanes Road. It provides the site with a total frontage of about 291 meters. For reasons of convenience, I will refer to this as the northern border of the site. It too is described as an unmade road reserve. Both it and Creek Street would, in layman’s terms, be referred to as undefined scrub tracks.
The site has a relatively gentle slope dropping between five metres and nine metres from south to north, depending on the starting reference point. It is mostly grassed. There is some sparse vegetation, although nothing of environmental significance.
The site currently contains a lowset dwelling house on its southern border, a domed fabrication workshop near the south-west corner and a handful of seemingly disused sheds. These structures (“the existing structures”) will all be retained if the proposed development is approved.[19] There are also a number of demountable buildings that were previously used for non-resident workforce accommodation for the Survivor television series on a site near the airport, and which are temporarily housed on this site. They will not be retained if the proposed development is approved.[20]
[19] Exhibit 18; Statement of Paul Czislowski, paragraph 74.
[20] Exhibit 19; Statement of Paul Czislowski, paragraphs 10 and 11.
Historically the site had been used for light/medium impact industrial activities, in the nature of metal fabrication.[21] It is unclear when it was last used for those activities. The rates notices are still issued under that category,[22] but it is uncontroversial that the site is now zoned as rural residential.
[21] Exhibit 7, Visual Amenity and Landscaping JER page 23.
[22] Exhibit 18; Statement of Paul Czislowski, paragraphs 72 and 73 and page 332.
Millchester is a suburb to the south-east of the Charters Towers town centre. According to the 2021 census, the Millchester suburb and localities had a population of 543 persons, while the Charters Towers Local Government Area had a population of 11,794 persons.[23]
[23] Exhibit 9; Social Planning JER page 13.
The site sits within an area that presents as a low density rural residential setting. The area to the north-west of the site, also in the RR zone, is essentially an open area, with no dwellings for some distance.
To the south and directly opposite the site, there are four single storey detached houses with sheds on rural residential lots of about 5000m². The dwellings are set back from Phillipson Road, and each have fences, of varying heights and styles, fronting the roadway. Further east along Phillipson Road, and east of the intersection of Phillipson and Deanes Roads, is a fifth similarly described dwelling. Further east again is the field and clubhouse of the local rugby union club and the local netball club courts, of which there are seven. These grounds are a short walkable distance of a few hundred metres from the south-east corner of the site.

Directly across from the site’s western boundary is the Millchester State School, which has a student population of only 152 students.[24] The main entrance to the school is on part of Phillipson Road that extends past the intersection with Nagle Street, and continues to an intersection with Bluff Road, an arterial road. The school playgrounds are the aspect of the school that is closest to the site. The school buildings tend to be clustered further away, and mostly near the corner of Bluff Road and Phillipson Road. The closest school building is in the order of 150 metres from the Nagle Street frontage of the site, part of which will, if allowed, involve a 1.8 metre acoustic barrier on one side of the carpark which directly faces the school grounds, and about 267 metres from the nearest building in the proposed development. Nonetheless, there is a clear line of sight from the school buildings to the site.
[24] Exhibit 9; Social Planning JER page 21.
On the northern boundary of the site, north of Richard Street, is a roughly four hectare rural residential property, improved by a detached dwelling and ancillary outbuildings. They are clustered relatively close together near that property’s frontage to Deanes Road, and also close to the notional northern most edge of Richard Street.
The proposed development is intended to be delivered in seven stages:[25]
[25] Exhibit 19, page 7.
a.Stage 1 comprises 44 rooms, two separate laundry facilities, a kitchen/mess hall, first aid room and temporary reception area, water storage, sewer pump station, stormwater treatment areas, and a vegetation buffer on the eastern and southern boundaries.
b.Stage 2 comprises 60 rooms.
c.Stage 3 comprises 76 rooms and a further laundry.
d.Stage 4 comprises 100 rooms, a further laundry, the main reception/office area, an additional first aid area and a vegetation buffer on the western boundary.
e.Stage 5 comprises 40 rooms and an additional laundry.
f.Stage 6 comprises 40 rooms and an additional laundry.
g.Stage 7 comprises 44 rooms.
The driveway and the associated carparks for stages 1 and 2 are aligned along the northern boundary. The initial buildings will occupy the north-eastern corner of the site. The buildings for stage 2 will reach towards the southern boundary, meaning the whole of the eastern boundary will effectively have buildings all along it. Subsequent stages will then extend the buildings further west, but further along the northern end of the driveway/carparks than along the southern boundary. Open space is maintained in the south-west corner, but that space is encroached upon by a gravel overflow carpark.
It is proposed that a total of 320 carparks be provided during stages 1, 2, 3, 4 and 6. Those for stages 1, 2 and some for stage 3 are to be directly adjacent to the driveway, By the time stage 3 is completed they will be adjacent to almost the whole length of the longer part of Richard Street. The rest of those for stage 3 and all for stage 4 occupy all of the odd shape of the site created by the shorter angled length of Richard Street, the north-west frontage and part of the Nagle Street frontage. Stage 6 will provide a gravel overflow carpark to the southeast of that carpark, thereby fronting part of Nagle Street. No landscaping or fencing is proposed adjacent to the overflow carpark. All other carparks are sealed. Bus bays and turning areas are provided for in the different stages. Landscaping and fencing is planned for all other carparks.
The accommodation rooms are to be housed within demountable buildings; 4 rooms per demountable. Each room is intended to accommodate an individual non-resident worker, and not families. The demountable buildings are to be placed 2.5 metres apart on their long sides and 3 metres apart on their short sides. The buildings will sit above ground level and will connect with each other by decked walkways. It is unclear to me if the walkways are to be covered or not. This is of no moment.
The buildings will be set back between 10 and 40 metres from the southern boundary, about 75 metres to the western boundary (although the carparks are much closer), between 30 and 35 metres from the northern boundary (although a 2.5 metre high acoustic barrier is closer) and between 7.97 and 20 metres on the eastern boundary.
The built form will occupy about 2.9 hectares of the site. The balance includes the overflow carpark,[26] and the rest will remain as is, inclusive of the existing structures, which will be used for storage and maintenance purposes.
[26] Ts 2-67, ll 36-45.
It is anticipated that the proposed development will provide employment for 20 people.
The appellant proposed that certain conditions should attach to the approval. Those which remain contentious, or are otherwise relevant, are:[27]
[27] Exhibit 19

No.

Condition

Timing

Temporary use

4

The development is to operate for a maximum of 15 years from commencement of the use (Stage 1).

At all times

Construction phase workers

5

The use is only to accommodate workers employed for the construction phase of a project. Accommodation is not to be offered or provided to any workers who are employed for the ongoing operational phase of a project.

At all times

6

a) An online booking system must be maintained through RMS Cloud (or an equivalent platform) for the purposes of recording the details of workers who are accommodated at the site.

b) The details recorded in the online booking system must include the name of the project in relation to which the worker is employed, and whether that project is in a construction or operational phase.

At all times

7

Council is to be provided with ongoing access to the online booking system, including access to a record of the booking details for all workers accommodated at the site.

[Note: The Appellant is willing to agree to an additional condition requiring periodic reports to be provided to Council setting out the details of the workers accommodated at the site, if necessary]

At all times

Landscaping

8

The site is to be landscaped generally in accordance with the Landscape plans relied on at the hearing.[28]

[Note: The Appellant is willing to amend the Landscape Plans to include the planting of street trees, if necessary]

Operating procedures

12

The use is to be operated generally in accordance with the Accommodation and Social Integration Plan prepared by TAP Consulting (Issue A dated 9 February 2024).

At all times

[28] This is a paraphrasing of the actual condition in Exhibit 19.
Other proposed conditions have not been reproduced. As the appeal progressed, the appellant accepted that some of these conditions could properly be amended; for example, that the maximum period of operation could be limited to eight years from the commencement of stage 1.

Flood hazard and bush fire hazard overlays affect the site in minor respects. They have not featured in the issues in dispute, and have not attracted consideration.

Major construction projects relevant to the application

As earlier noted, at the relevant time there were two major construction projects proposed to be undertaken in the Charters Towers area.

CopperString project

One is the CopperString project. It is intended that, overall, there be a number of non-resident workforce accommodation facilities at six different places along the length of the construction project, the first at Hughenden. One of the last such places is intended to be in the Charters Towers area, with construction of the proposed accommodation expected to commence in mid to late 2025, subject to approvals.[29] This is consistent with an earlier published Information Sheet, in March 2024, indicating that the construction of the eastern link of the electricity transmission line is expected to begin in 2026.[30] Overall the project is expected to be completed by 2029.[31]
[29]Exhibit 30, document 2; Letter from the Assistant Coordinator General to the CEO of Charters Towers Regional Council dated 13 June 2024.
[30]Exhibit 21; Separate Report by Mr Musk, page 11.
[31]Exhibit 21; Separate Report by Mr Musk, page 17.
The final Environmental Impact Study (“EIS”), approved by the Australian Government in November 2022, referred to a “work camp” at Charters Towers for between 128 and 350 beds, and which was required for a three year period (then, indicatively stated to be 2024-2028).[32] The EIS included a camp site plan for a 128-bed facility on a privately owned site 17 kilometres outside of Charters Towers on the Gregory Development Road.[33] Part of a revised Project Description, dated January 2022 (and so prior to the approved EIS), noted the ability to use existing worker’s accommodation facilities, where they exist.[34]
[32]Exhibit 12; Need JER page 24.
[33]Exhibit 12; Need JER page 24 and appendix 3.
[34]Exhibit 21; Separate Report of Mr Musk, page 30.

Recent correspondence from the Coordinator General suggests that the construction of this “work camp” is to be undertaken by Powerlink, the operator of the project, and will be the subject of a Ministerial Infrastructure Designation (“MID”) application.[35]
[35]Exhibit 30, document 2; Letter from the Assistant Coordinator General to the CEO of Charters Towers Regional Council dated 13 June 2024.
However, the Coordinator-General’s Change Report no. 1 - Hughenden workers accommodation camp, dated May 2024, contained amendments to the commitment given by Powerlink for the conduct of the project.[36] Despite the respondent’s submissions to the contrary, I consider that they are properly understood as being amendments for the whole of the project, not just for the Hughenden stage of it. Among them was a recognition of the ability to gain approval for a works camp, including by a material change of use application, where it needed to be progressed in isolation from electricity infrastructure and where it cannot be approved under the MID process.
[36]Exhibit 31; Coordinator-General’s Change Report – no. 1 Hughenden workers accommodation camp, pages 10 and 40-41.

Big Rocks Project

The other is the Big Rocks project. The Initial Advice Statement for the project, dated January 2021 anticipated that the majority of the construction workforce would be sourced from the surrounding region, in addition to fly-in fly-out workers and drive-in drive-out workers. The non-local workforce was expected to be catered for by local accommodation, such as hotels and motels. No temporary workforce camps were proposed, although a draft EIS noted that an accommodation camp and associated facilities is currently provided on-site. It was expected that the project would be completed within the dry season of one year.[37]
[37] Exhibit 12; Need JER page 23. Exhibit 21; Separate Report by Mr Musk, pages 5 and 6.
More recently, the respondent, as the proponent of the project, placed all work on indefinite hold, due to financing issues. There are no current plans by the respondent to progress the project, and steps have been taken to hand the project back to the relevant State Government department.[38]
[38] Exhibit 29.
Any of the other major projects in the area, either underway or expected to commence, are too far away to be realistically considered for the purposes of this application. Of these two, Mr Czislowski, the sole director and shareholder of the appellant, considers that the most significant client of the proposed development would be the CopperString project.[39]
[39] Exhibit 18; Statement of Paul Czislowski, paragraph 97.

The expert opinions

As there is considerable debate about the compliance, or otherwise, with the planning scheme, I will outline these issues first. However, the determination of those issues will, in part, rely on the determination of other issues such as social planning, character and visual amenity (as impacted by traffic issues) and need, and the experts in town panning rely, in part, on the opinions of the experts in those other fields of expertise.

Town planning issues

Ms Morrissy was engaged by the appellant and Mr Buckley by the respondent. Mr Buckley is very experienced and heavily credentialed in this area, but Ms Morrissy is also very experienced. It suffices to note that both are well qualified to provide expert opinion evidence in this area.
They both contributed to the joint report, and each provided separate reports. Their separate reports each touched, in part, on the approved minor change. Nothing of note was raised by them in respect of that. Each were cross-examined at the hearing.
There was extensive disagreement between the two, particularly but not only in relation to whether the planning scheme required a link between the proposed facility and a specific major project, whether the proposed development is temporary or not, whether there was compliance with considerations of character and whether there was compliance with the planning scheme. Their opinions were considered in the joint report under five broad topic headings, which related to the respondent’s Reasons for Refusal. Although divided under these topics, their considerations and opinions overlap considerably. The following summaries include each witness’ additional observations in their respective separate reports.

The proposed development’s relationship to major projects.

Ms Morrissy considered that the proposed development was sufficiently connected to two proposed major projects to mean that the proposed development achieved satisfaction of the requirements in s. 3.4.1.2(11), which she considered was not limited to tying the proposed development to one specific project. She considered that the provision did not preclude one facility servicing multiple projects. In reaching this conclusion she also had regard to the opinions of Mr Duane.
Ms Morrissy considered that the planning scheme, in its policy intent, was informed by growth generation rather than growth management. She considered that the lack of locational requirement in s. 3.4.1.2(11), as compared with 3.4.1.2(12), confirms that a flexible approach to the location of the proposed development should be taken. She did not agree with Mr Buckley’s observation that Charters Towers was a typical small to mid-sized town community given, in part, aspects of the planning scheme refer to the area being a major inter-regional education and healthcare hub with large areas of largely unconstrained rural land that can support major economic activities, and which has a strong rural economy that services local, state, national and global markets.
Further, concepts of facilitating economic growth are inconsistent with requiring the development to be tied to one major project in order to ensure that the development is temporary in nature.
Mr Buckley, as an overarching observation, considered that the proposed use is atypical in any urban environment, given the scale and intensity of the proposed use. They are atypical because they are “one-off” in their physical and operational nature and by their inherent connection to major projects. While the planning scheme recognises the importance of economic growth, the Strategic Framework strongly acknowledges the importance of character and lifestyle to its communities and residents.
He considered that the distinctions between the strategic outcomes in ss. 3.4.1.2(11) and 3.4.1.2(12) illustrate the point that a construction-phases accommodation facility will operate separately to accommodation for operational workers and, while close to the project, remote from existing communities. He considered that there is a strong nexus between the planning purpose of the key planning provisions and the proposed developments’ relationship to major projects. That is, it is the requirement that the proposed development be tied to the major project that suggests that it should be close to it. Similarly, a link to a possible major project would defeat the strategic outcome. In his view, there is no encouragement for the proposed development to be within or close to an established community.
Further, in his opinion, a facility which ties itself to potential timeframes of projects not yet committed has a degree of permanency not envisaged by the Strategic Framework.
In the terms of the planning scheme, reliance on probable and possible projects somewhere in the region and a suggestion that 15 years is a temporary use cannot be justified. Mr Buckley considers that the intent and planning purpose of s. 3.4.1.2(11) is to require special attention to the needs and location of individual projects, which is required in the case of this atypical proposal.
To approve what would be considered a “square peg in a round hole” in the hope of providing accommodation for workers for major projects, which may provide its own accommodation in any event, would be a poor planning outcome, especially where the proposed time limitation is not truly temporary.
Importantly, both experts agree that, despite their differences of opinion, each application must be assessed on a site-by-site basis, both in terms of the consideration of this assessment benchmark, and generally.

Whether the proposal is temporary in nature

Applying the administrative use definition of the term “temporary” under the planning scheme, Ms Morrissy considered that the proposed development was temporary because the use was to be carried out for a limited period of time (which length can be conditioned), that the improvements to the site are non-permanent, that the nature of the use is to accommodate construction workers of a major project that will have an end date and the decommissioning of the facility can be conditioned.
Further, the proposed development would only delay bringing on eight rural residential lots, given the required minimum size of housing lots in the RR zone, there are other substantial areas in the RR zone that can deliver additional rural residential lots should the need arise and there are several large parcels of land already zoned General Residential and Emerging Community that can accommodate infill development. Hence, the approval of the application will not stifle development of residential projects.
Mr Buckley on the other hand considered that, notwithstanding the administrative definition in the planning scheme, a 15 year period was not temporary. He considered that resort to the administrative definition is missing the point of the planning matter in issue. A 15 year period was a “seriously long time” in planning terms and would represent a constraint to planning for the area, which will limit options for planning and growth in the area, and in the wider community. He considered that the indicators in s. 3.4.1.2(11), namely limiting to the period of construction and to decommissioning when construction finishes, would not have contemplated a 15 year construction phase.

Compliance with the planning scheme more generally

Ms Morrissy considered that there was compliance with the strategic outcome in s. 3.4.1.2(11). She considered that it did not specify where non-resident workforce accommodation facilities for construction workers were to be located, and so it was open to locate them in the RR zone, if the specific locational attributes were assessed as being suitable, on a case-by-case basis. She considered that the development still retained the notion of a “lifestyle lot”, as required by s. 3.2.2 – Rural Residential, and that it fell within the RR zone code (“RRZC”) purposes at s. 6.2.7.4.2(2)(b). Notably, the region is said to be “adaptable, flexible and nimble” in order to adapt to changing economic circumstances, which demonstrates the region’s level of resilience to accommodate population and economic growth.[40] The requirement for temporary use, she again considered, can be enforced through conditions.
[40] Sections 3.2.2(8) and 3.2.2(9).

She observed that, in her opinion, the central divergence between her opinion and Mr Buckley’s was the degree of guidance given by ss. 3.4.1.2(11) and 3.4.1.2(12) as to where developments such as the present should be located. Mr Buckley considered that it gave considerable guidance, whereas she considered that it came back to the locational attributes of the subject site.[41]
[41] Ts 2-31, ll 9-25.
She accepted that the proposed development did not satisfy s. 6.2.7.4.3 AO3, but she considered that that there was the required compatibility with PO3. However, she accepted that the proposed development was more intense than the nearby school, which she considered to be the most intense of character in the existing area.
The application of town planning first principles, for reasons outlined, supported the approval of the application. In reaching that conclusion she drew support from aspects of Mr Duane’s opinions and also those of Mr Butcher.
She took issue with Ms Bennett’s observations about the “walkability” issues concerning the site and the town centre. While accepting that the distance was not readily walkable, she noted that it was not an issue specifically raised by the planning scheme, and that the short distance involved meant that the town was readily accessible by car, shuttle bus or coach.
Ms Morrissy considered that there was compliance with s. 3.2.1(12) as the proposed development will not, in her opinion, have a significant adverse effect on the character of the Charters Towers region. She also relied on aspects of Ms Ashford’s opinion, particularly concerning the benefits to the local community.
She also considered that the application is compliant with ss. 3.2.2(1), 3.2.2(2)(b) and 3.2.2(3)(b) as it reflects the prosperity in the region by facilitating the provision of new infrastructure projects and economic development, that Charters Towers is well suited to supporting a non-resident workforce and that the locational attributes and site characteristics are suitable for accommodating the proposed development. In this respect, she also drew on aspects of the social planning JER, and in particular Ms Ashford’s conclusions in it.
As earlier noted, Ms Morrissy considered that the proposed development was partially compliant with the strategic intent in s. 3.2.3 - Rural Residential. She acknowledged that the proposed development had an intensity that was inconsistent with a typical rural residential environment. However, she considered that the locational and site characteristics, the ameliorative aspects of the design, that the limited number of neighbours meant that any impact would be minimised and the fact that the use would be temporary meant that the proposed development meant that the proposed development would only have a minor and temporary impact on the rural residential area surrounding the site. She considered the proposed development would be compatible with its environs.
In the JER, she also considered that the proposed development is compliant with the RRZC outcome at s. 6.2.7.4.2(2)(a), although the reasons provided indicate that she in fact may be referring to the RRZC outcome at s. 6.2.7.4.2(2)(b). She notes that the positioning, including the setbacks, the fencing and landscaping and the use of the topography of the land all assist in reducing the visibility of the built form. She also adopts the opinions of Mr Butcher to reach her conclusion.
Referring to the appellant’s reasons for approval, she considered that each of ss. 3.2.2(8) and 3.2.2(9) were complied with, as was the strategic outcome at s. 3.4.1.2(2).
Mr Buckley did not agree that the proposed development aligned with the planning scheme, because:
a)The combined intent for the RR zone benchmarks and the key provisions of the Strategic Framework anticipate that a non-resident workers accommodation facility will be located other than in an area planned for houses on large lots. In particular, the strategic outcome at s. 3.4.1.2(2) must be read in light of s. 3.4.1.2(1). They do not mean that the RR zone is a zone of wide housing opportunity.
b)The combined reading ss. 3.4.1.2(11) and (12) demonstrates different outcomes for worker’s accommodation as between the construction and operational phases of major projects. Once it is accepted that the facility must be tied to a particular project, the inference is that it will draw the facility away from the communities and closer to the project itself. If the planning scheme had intended to house construction workers in the townships, it could have easily said so.
c)Reliance on the strategic intent at s. 3.2.2(9) is drawing a long bow. The provision is a statement of context rather than a policy statement. The Strategic Framework supports economic growth but also gives guidance as to how that support might be achieved for uses like the proposed development. For similar reasons, reliance on ss. 3.2.2.8 and 3.3.1(1) is also misplaced. The way in which the non-resident workforce accommodation is provided is an important part of the strategic intent as part of the policy to support the delivery of major infrastructure projects.
d)While there is an ability to apply for non-resident workforce facilities in most zones, that does not represent a positive representation of a planning intent. Consideration as to acceptability must be made on a case-by-case basis. The fact that the use is impact assessable in every zone of the local government area does not necessarily represent a strategic intent to have non-resident workforce facilities everywhere throughout the LGA.
e)The proposal to monitor occupancy is prone to uncertainty. While the use of it was lawful, it would represent an enforcement burden on the respondent.
f)The “guise” of the use being temporary does not diminish the degree of non-compliance.
In cross-examination, he accepted there were various features of the proposed development that were consistent with the planning scheme’s requirements for approval in the RR zone, but he considered them to be second tier issues, and that they did not detract from the atypical nature of the intended use in the RR zone. Further, he considered that the asserted economic and social benefits would be affected by the fact that short-term workers are less likely to do what long term residents would do if they lived in the same locality.

Consideration of character issues

Both Ms Morrissy and Mr Buckley largely agreed with and adopted the observations and opinions of Mr Butcher and Mr Curtis, respectively.
Ms Morrissy considered that, from a town planning perspective, it was relevant to note:
a)The mixed-use existing character of the immediate locality;
b)The lack of consistency, in her opinion, of the existing built form setting, design, age and style;
c)Many of the buildings in the area are low-rise and single storey, as is the proposed development; and
d)As the use would be temporary in nature, any change to the existing and intended character would be temporary.
She considered that the strategic intent at s. 3.2.2(3)(a) was not applicable as the provision appears to be focussed on a regional basis. She considered that the proposed development complied with the overall outcome at s. 6.2.7.4.2(2)(b) as it will, in her opinion, provide a high level of amenity and character appropriate for its immediate context.
As Mr Buckley agreed with, and adopted, Mr Curtis’ conclusions and opinions, he does not accept that the proposed development is appropriate bearing in mind the existing and intended character of the immediate area. He considered that the clustering of 100 buildings in a very grid-like fashion on the site is something “that’s just really quite incongruent with the area”.
Further, he did not agree that the locality was properly described as being “mixed use”. While there were other uses adjacent to the RR zone and within the immediate area, such as the school and the playing fields, they were uses that are part of the fabric of those areas, and that mix is part of the life of the locality.[42]
[42] Ts 1-69, ll 9-14.

Other relevant matters

In relation to specific matters raised by the parties, Ms Morrissy:
a)Agreed with the matters raised by the appellant in its Reasons for Approval;
b)In relation to the matters raised by the respondent:
(i)      she deferred to relevant experts;
(ii)     she disagreed that the planning scheme nominated specific locations for this style of development; and
(iii)   considered that the proposed development has been designed to encourage non-resident workers to use town facilities.
Mr Buckley considered that the cumulative weight of:
a)the material misalignment with the planning scheme and the purpose of certain key provisions;
b)the considerable uncertainty about how the use will function when it proposes a currency period that is far from temporary, and a system of monitoring occupancy that will be a challenge to enforce;
c)the incongruence of the proposal within the rural-residential setting of the site;
d)any need for accommodation of this type can be met by individual project proponents; and
e)the expected visual and social impacts of the proposal
tips the balance in favour of a refusal.

Social planning issues

The appellant engaged Ms Thao Ashford and the respondent engaged Ms Vanessa Bennett to give opinions as to social planning issues. Of the two, Ms Bennett is the more experienced, but both are suitably qualified and experienced.
The JER recognised that, of the potentially many large-scale projects operating or mooted to commence in the broader area, only two – the CopperString project and the Big Rocks project – were sufficiently proximate to Charters Towers to mean that they were relevant to the current appeal. They noted that the Coordinator General’s Initial Advice Statement indicated that no temporary workforce camps “were proposed or considered to be required” for the Big Rocks project.[43]
[43] Exhibit 9; Social Planning JER page 26.
It also recognised that extraneous materials for the CopperString project indicated a likely duration for the non-resident worker’s accommodation as being 18 months to 32 months, including commissioning and decommissioning.[44]
[44] Exhibit 9; Social Planning JER page 25.
Ms Ashford considered that, while there are issues with integration of non-resident workers into the community, they could enhance the local community, through social and financial contributions, facilitated by the implementation of an Accommodation and Social Integration Plan (“ASIP”). She considered the proposed ASIP to be a flexible document which could be modified to deal with changing conditions. Included in that flexibility was the notion of a 9.00pm curfew for a shuttle bus, which would conduct hourly services to the town centre, rather than a curfew on the facility itself. She understood the curfew was proposed as a means of dealing with possible noise issues, and which could be modified as needed. She considered the proposed development’s operating hours as an operational management issue.
Ms Ashford considered that the near-town location of the proposed development provided tangible opportunities for non-resident workers to participate with the community in town, bolstered by the availability of the shuttle bus. She also considered that the ASIP, including the provision of an on-site lifestyle coordinator, and the Workforce Management Plan to be implemented by CopperString, in combination, catered adequately for issues of personal health and wellbeing of the non-resident workers.
Her opinions were based on the anticipated involvement of workers from both the CopperString project and the Big Rocks project, as she had not been apprised of more recent material put before the Court about the latter project. In any event, she considered the plans were appropriate for non-resident workers, regardless of what project they were attached to.
Ms Ashford acknowledged that the local community would have safety concerns following an influx of a non-resident workforce, but considered that the fears were largely unfounded and could, in any event, be adequately managed through fencing and landscaping of the site, the use of CCTV at the site, the enforcement of a Code of Conduct, regular meetings with police and neighbourhood watch and the integration of the workforce into the community through the ASIP.
Ms Bennett on the other hand considered that this style of development has the potential to cause considerable social impacts, both on the existing communities and the workers. In her opinion, these facilities should only be employed in response to a legitimate and demonstrated need, where they are well located and not at odds with the scales and values of the existing community, and only for a short period.
She considered that given the likely differences in the expectations of and commitment to the Millchester area as between the non-resident workers and the resident population, the non-residents were unlikely to assimilate into the community. She accepted in cross-examination that her assessment was made on the basis of the immediate Millchester area, rather than considered on the larger scale Charter Towers LGA. In her view the ASIP did not particularly assist as it was a passive document that provided means for workers to create contacts in the community, but did not actually create them. Given the differing expectations, she thought it likely that few workers would in fact take up the opportunities, which would in any event likely be limited because they would leave the area on their days off, and the opportunities when working long days, involving strenuous work, were limited.
Further, she considered that the three-kilometre distance from the proposed site to town to be a distance that was unlikely to be walked often, thereby relying on the shuttle bus, which had its scheduling limitations.
She also considered that a sudden influx of non-resident workers in the Millchester area, which at full capacity would greatly increase the existing population,[45] would likely create perceived safety concerns, no doubt unintended, which would in turn tend to inhibit the integration of the workforce into the local community. She considered the proposed development would be better placed away from rural residential environments, especially from other uses that involve vulnerable persons, such as children at schools.
[45] As earlier observed, it in fact represents an increase of about 74% based on 2021 census figures.
She considered that the lack of recreation, sport and entertainment facilities on-site, excluding the grassed area, and the fact that the township is not a readily walkable distance meant that worker wellbeing would not be promoted, and was contrary to assessment benchmark 3.5.1.3(1), from a social planning perspective.
She also considered that if the use of the proposed development was limited to 15 years, there would be significant and likely permanent changes to the existing sense of community, and community values, in Millchester. This period was at odds with her expectations that such a development would only be for a short/temporary period. Her opinion was not sought as to her view should the lifetime of the proposed development be limited to eight years, as suggested in closing submissions.

Traffic issues

A joint expert report on traffic issues was prepared by Mr Douglas, retained by the appellant, and Mr Holland, retained by the respondent. In it, they were agreed that the proposed development can be accommodated in the existing road network and intersections without the need for any works, apart from, essentially, certain line markings, that extra provision of parking spaces were required and that all this could be dealt with by way of conditions on an approval of the application. These matters were dealt with by the minor change approval. It was expressly stated that there were no points of disagreement between them.
On the basis of various assumptions being made, including that workers would use 58-seater coaches to travel to and from the work site and that all workers arrive and leave from the site at the same time on their respective three-week rosters (which seems unlikely), there would be a maximum traffic generation of 174 vehicles per day. The typical day would generate 26 vehicles per day, with 12 vehicles per hour in the typical peak.[46] Mr Holland considered this to be the lowest traffic generation figures, given the assumptions used.
[46] Exhibit 16; Traffic JER paragraph 32.
Mr Holland subsequently issued a separate report which dealt with some aspects of the approved minor change and also further explained his calculations used in the JER with respect to changes in traffic volumes if the proposed development was associated with the CopperString project and, alternatively, if associated with the Big Rocks project. In the latter respect, he provided documents used in the JER. He stated he had been asked to do so for the purposes of the character and amenity experts’ opinions.
Although the appellant noted that the ability to provide the report was doubtful,[47] no objection was taken to its admissibility. Evidence in chief touching on the newly raised issues was permitted from Mr Douglas, and both experts were cross examined.
[47] Rule 34 of the Planning and Environment Court Rules 2018.
The JER reflected the agreed position that, based on traffic projections to 2034 (allowing for a 3% year-on-year increase) and drawing assumptions from known traffic flows at a worker’s camp at Blackwater and other assumptions as to how the rooms would likely be utilised only by one worker, even when on days off, the relevant intersections near the site have sufficient capacity to handle the projected traffic flows. It was also assumed that the routes travelled would differ depending on which location was associated with the proposed development, given their differing locations in relation to the site. In Mr Holland’s separate report, he in essence preferred not to rely on some of the assumptions made in the JER, and calculated a higher rate of traffic flow.
For the purposes of his oral testimony, Mr Douglas converted the respective vehicles per hour calculations to a vehicle per day calculation. Mr Holland’s calculations resulted in a range roughly 10% to 50% higher than Mr Douglas’ from the JER.[48] Mr Douglas doubted some of the assumptions made by Mr Holland but, regardless, opined that, even working with the higher figures, they fell well under the expected threshold for the environmental capacity for any of the relevant roads.[49] The environmental capacity differs from the actual capacity of a road to physically handle the traffic using it, and refers to people’s expectations in terms of amenity.[50] Mr Holland did not consider there was an issue with the application in so far as the environmental capacity was concerned.[51]
[48]       Exhibit 35.
[49]       Ts 3-16, ll 21-27; 3-18, ll 18-26.
[50]       Ts 3-16, ll 1-11.
[51]       Ts 3-28, l 12.
More precisely, it was calculated that, if the proposed development were associated with the CopperString project, the current peak hour usage of 50 vehicles per hour would increase to a range of 160 – 270 on Phillipson Road, and if the proposed development were associated with the Big Rocks project, the current peak hour usage of 80 vehicles per hour would increase to a range of 130 – 240 on Deanes Road.
In Mr Holland’s separate report, he preferred not to rely on the assumptions adopted in the JER, and calculated a range of potential traffic generation if the proposed development were associated with the CopperString project of 80 to 190 vehicles per hour, in the peak hour. If the proposed development were associated with the Big Rocks project, he calculated a range of potential traffic generation of 80 to 190 vehicles per hour, in the peak hour. He assumed that the routes travelled would differ for the two projects given their differing locations in relation to the site.

Noise Issues

The noise issues joint expert report made certain recommendations as to further conditions. They considered that were these steps taken, the proposed development could operate without adversely impacting on the amenity of nearby users. Those further conditions were either incorporated into the approved minor change or appear in the list of proposed conditions at paragraph 40 herein.
The amenity experts raised no further issues concerning noise in their reports and, as the issue was not specifically raised in the issues on the hearing, no further specific consideration is needed in respect of this issue.

Character and Visual Amenity issues

Mr Butcher was engaged by the appellant, and Mr Curtis by the respondent. Each are appropriately qualified to give expert opinion evidence on this topic, and each have considerable experience in the area. Their reports were directly concerned with ss. 3.2.2(3)(a) and 6.2.7.4.2(2)(b) and 6.2.7.4.3 PO3 of the planning scheme. The joint report was prepared before the approval of the minor change, and each provided a separate report after that occurred.
Mr Butcher’s ultimate opinion can be distilled into a few relatively concise propositions. Due primarily to topographic and floral features, the subject site is presently of low visibility. The existing character of the local area comprises a range of different elements. The proposed development would not substantially alter the existing character of its immediate surrounds, or the locality. This is due in part because of the combination of the natural slope of the land, the earthworks to be undertaken, the proposed setbacks of the structures on the site, the use of and type of fencing and acoustic barriers used and the landscaping to be applied, the internal structures of the proposed development will largely not be visible from any of the surrounding roads or lots. Similarly, while the proposed development will represent a different density to the surrounding area, that is unlikely to have a significant impact on the character of the local area due to the relative lack of visibility.
While the adjacent rural lots along Phillipson Road do not have solid boundary fences similar to the proposed development, the staggered design of the proposed fence along that boundary, with pockets of landscaping at different parts, will break up the horizontal appearance of the fence, and create points of interest. For that reason, it could contribute to the local character.
In cross-examination, Mr Butcher considered that the broader local context comprised a combination of lower intensity uses as well as some slightly higher intensity uses but accepted that, overall, there was a low intensity feel to the locality of the proposed development. He also accepted that the built form was characterised by detached residential dwellings on large lots, school buildings, rural sheds and sporting facilities. While the proposed development was comparable with other built form in the immediate area in terms of height, he accepted that the number of units and the coverage of the land they would occupy was unique to that area.
In terms of the locality more immediate to the site, he considered that parts of it were more open, but also considered that as one moved north along Deanes Road, towards Millchester Road, there became a more traditional residential character to the area.[52]
[52]Although Mr Butcher was not taken to the matter, I note that the area at the intersection of Deanes and Millchester Roads is zoned general residential – Exhibit 2, page 20.
In terms of the vegetation, while the broader area had a more enclosed tropical character, he accepted that not all of the more immediate area had that same character, and that the immediate area was more open.
Mr Butcher did not accept that the combination of fencing and vegetation created a continuous barrier. He considered that, bearing in mind the species used in the landscaping, it provided amenity to the edge of the units. Further, there were breaks in the fencing along Phillipson Road, and there would be no fencing in front of the existing structures. He considered it to be more of a buffer between two uses, but accepted that some parts would be impermeable due to the landscaping. However, he considered there were other parts where it was open. He considered that the bult form would be visible from Deanes Road looking along the driveway, that there may be areas along Phillipson Road where the built form may be visible, but in the context of vegetation, and similarly from Nagle Street. He accepted that the acoustic barrier along the Richards Street frontage was 2.5 metres high, and was unaware of any other development in the locality having a barrier of that height.
He accepted that the landscaping plan provided for the large trees to be of different species, creating maximum heights of between 10 and 35 metres. He considered that meant that an observer of the proposed development would not be faced with a “wall of trees”, because the canopy would be well above the development. Further, he considered that the local area had aspects where similar species could be located. While there would be nowhere else in the locality that shows a similar visual outcome, that did not, in his opinion, make it unusual in its appearance.
The following passage is a good summary of his overall evidence on the issue of density of the proposed development from a visual amenity perspective:
“I acknowledge that the intensity or the density of the development is higher than others in the locality. Yes. But as I said before, as far as visual amenity is concerned, that density comes with considerations around what its appearance is; what its visibility is. So from a pure planning metric, if you like, and looking from the air, you’d say yes it’s – I acknowledge that it has a higher density. But I think that it’s the appearance from the street. And when you consider things from a visual amenity point of view, it’s not always the case if you’ve got screening, if you’ve got fencing.”[53]
[53]Ts 3-44, ll 40-47
And:
“It will be visible. Yes. I don’t think that it will be highly visible. I don’t think it’ll be highly prominent because of the – the scale of the fencing, which is relatively low. The vegetation will be visible. Yes. But I don’t think it’ll be a very prominent element within the context because of surrounding vegetation areas.”[54]
[54] Ts 3-46, ll 12-16.
He did not accept that the proposed development was inconsistent with the character of the immediate setting, for the reasons earlier outlined.
In terms of increased traffic flow, he considered that there would be additional visual impacts, but he could not assess the impact.
Mr Curtis held contrary opinions. He did not agree that the site currently had low visibility. He considered the location to be highly visible from both Phillipson and Deanes Roads. As such, he considered that persons passing the site while en route to and from the school, and the sports facilities at the end of Phillipson Road have a clear view of the site and its relationship to the local context.
Mr Curtis acknowledged the different types of structures in the local area, but considered that all are consistent in their built form and open landscape space with the intended character in the RR zone. Notwithstanding the differences, there was a degree of permeability to the structures to allow views into the properties. This created an “open visual setting” which contributed to the character and amenity of the streetscape as a public place.
On the other hand, the proposed buildings represent an intense cluster of built form, with repetitive appearance and limited separation, with a risk that at least part of the built form would be visible from the adjacent areas, even with fencing and landscaping. The carpark at the western end contributes to the intensity of the development. The fencing and acoustic barriers will create a prominent visual barrier along the site’s frontages, which in turn precludes the proposed development from having a positive engagement with the streetscape. Even allowing for the fencing and landscaping, the site will appear as something of a fenced compound isolated from the streetscape.
While the continuous unarticulated appearance of the fence may be softened by the staggered design and pockets of landscaping, that will not alter its function as a visual barrier that isolates the site from its surroundings. Further, the dense landscaping, while partially screening the visibility of the built form, will accentuate the site’s isolation from the local area. He also considered that the viability of the landscaping is questionable without mandated maintenance.
In his separate report, Mr Curtis referred to the JER traffic report and noted that expected traffic increases along both Deanes Road and Phillipson Road could be in the order of a doubling to trebling the peak traffic volumes. He considered that, while the traffic experts concluded that the road system is able to accommodate the increase, it will diminish the setting of the residential community.
In cross-examination, Mr Curtis accepted that the local context is comprised of both existing development and vacant properties within the RR zone, the community facility zone and the recreation and open space zone, and that there is a variety of built form intensities, built form visual appearance and uses within those zones. He accepted that the outcome achieved for the proposed development was, at worst, filtered views of the accommodation from the public realm because of the landscaping and fencing. He also accepted that just because something is visible doesn’t necessarily mean it’s not acceptable.
He accepted that, while he had doubts about aspects of the onsite amenity of the proposed development, the greater focus is on the visual impacts of the proposed development from the public realm. Nonetheless, he considered that when a planning scheme refers to residential amenity, an aspect of that is residential amenity within the site. He considered that what should be in a worker’s camp should be of a higher standard than what is provided for in the proposed development.
He agreed with Mr Butcher that from parts of the public realm there would be filtered views of the built form. He agreed that the school forms part of the relevant locality, and that it would retain the highest visibility in the area. He also agreed that there is a variety of fencing employed in the area, but said that the majority of it is at least semi-permeable. He also agreed that there is at least one example where vegetation sits in front of the fencing.
He agreed with Mr Butcher’s definition of the relevant locality as shown in exhibit 36, but he would give greater weight to certain elements within that locality, depending on how close the element is to the site.
He considered that if the landscaping plan was amended to allow more permeability, that would add more variety to the visual amenity, but it would also mean that the character of the built form would be more visible to the street and, in his opinion, that character is contrary to what is intended for that residential area and the intensity of it.[55] Even if it were assumed that the planning scheme allowed for that type of development in that area, the residential amenity issues mean that it is a poor example of this style of development.
[55] Ts 3-65, ll 11-19.

Need issues.

The experts engaged in this area were Mr Duane by the appellant and Mr Musk by the respondent. Each are appropriately qualified in the area of economic need and impact assessment, although Mr Duane is the more, and extensively, experienced. It was apparent in the course of their testimony that each are well qualified to testify in this area. Each contributed to the JER, albeit with significant differences of opinions, and each provided separate reports updating the material they relied on the JER, amongst other things.
The JER identified a number of relevant economic factors affecting the Charters Towers area. They included an expected small drop in the population between 2021 and 2031, that there were, on average, 19 new residential building approvals per annum, that there is a very low residential vacancy rate of 0.3%, and that the vacancy rate has been very low for a number of years. Also, unemployment in the Charters Towers LGA and locality has been trending downwards since 2020, and now sits generally in-line with Queensland and Australian averages.
There were 13 hotel/motel facilities in the Charters Towers township, with a combined capacity of about 250 rooms. There were also 3 caravan/park sites, each with between 15 and 25 cabins and between 50 and 80 campsites.[56]
[56] Exhibit 12; Need JER, paragraphs 81 and 82.
For the purposes of the JER, Mr Musk designed a self-reporting survey of the hotels and motels in the town.[57] There were six replies. Broadly speaking, the responses showed that those establishments cater, to varying degrees, for construction workers. These accounted for between 10% and 70% of their room usage, although the number of rooms at the different establishments varied. Overall average occupancy rates varied, depending on the time of year, from between 10% to almost 100%. There was universal concern expressed by the six responses about the effect on their businesses should the application be granted.
[57] Exhibit 12; Need JER page 30 and Appendix 4.
In essence, Mr Duane considered that there was a clear need and demand for the proposed development because of:
a)the existence of a number of major projects;
b)the location of the proposed development in relation to the town centre, thereby increasing social integration with the community and providing economic benefits. The opportunities for these benefits are substantially enhanced given the location of the site, as opposed to the proposed development being 20-30 kilometres out of town;
c)the proposed development would provide a buffer in the supply of non-resident accommodation, providing flexibility to cater for changes in demand for major resource projects and the like, at short notice. Further, the existing hotels and motels do not have sufficient capacity to cater for the expected demand from workers, particularly during the peak accommodation period between May and October;
d)the reducing unemployment rate since 2021 makes it likely that a higher proportion of the expected 172 workers for the Big Rocks project would require accommodation, than when initially considered;
e)the scarcity of available housing means that construction projects will exacerbate the issue. The provision of the non-resident workforce accommodation will free up existing accommodation both for investor and personal home buyers and for tourists;
f)the 15 year approval, which would create efficiencies in the ability to use existing infrastructure, thereby enhancing economic efficiencies and further alleviating the project operators of the need to administer and construct non-core functions, reduce the effect of the boom/bust housing and rental cycle and ensure that other accommodation facilities are available for tourists, especially during peak periods; and
g)the overall need for the proposed development to cater for major growth projects and the peak periods that they experience and which are difficult to predict. At present there is very little ability to handle further increases in demand from new projects.
In his oral testimony, Mr Duane considered that the CopperString project was, as far as anyone can say, definitely going ahead. For that reason, there is a definite need for a non-resident workforce accommodation facility at Charters Towers. In his opinion, the maximum benefits accrue by being at the proposed site rather than 10 kilometres out of town. Further, he could not see any evidence that the site on the Gregory Development Road had been progressed.
The proposed site, if approved, would in his opinion be likely to be taken up because the major proponents of these sorts of projects don’t want to build their own accommodation facilities, and would most likely use one already approved in the township. He however acknowledged that the representatives of CopperString know of the proposed development and have not made any commitment towards using it.
Mr Duane accepted that there was some uncertainty about the Big Rocks project, although he understood that funding had been allocated from the State and Federal Governments across 2024/25 and so, while the return of the project to the State may delay things, he considered that there was some certainty to the project proceeding.[58] He gained some support for that opinion from the fact the project is still mentioned on the “state development infrastructure website”, but he also accepted that can change.[59] He qualified his opinion in that he considered it would progress at some time in the future, but he could not say when that would be.[60]
[58]       Ts 3-70, ll 28-40.
[59]       Ts 3-73, ll 29-34.
[60]       Ts 3-73, ll 39-44.
He accepted that if the proposed development were approved, there would likely be some downturn in the accommodation of construction workers in the local hotels and motels, but that would allow them to cater to tourists. However, he noted that there are no major construction projects currently operating in the area, and so any construction workers would be unlikely to be able to access the proposed development anyway.
Mr Musk held the contrary overall opinion, essentially because:
a)of the two projects that might be linked to the proposed development, it was not clear that either required the proposed development. There is no clear evidence that the proposed development will be specifically linked to a major project in the region as required by the strategic outcome at s.3.4.1.2(11);
b)the proposed condition that the proposed development operate for 15 years is inconsistent with the requirement that it be temporary. The planning scheme intends that operational workers be housed within the local community – see the strategic outcome at s. 3.4.1.2(12);
c)it had not been shown that there was an urgent or pressing need for the proposed development;
d)while the housing market has been experiencing increasing prices and low rental vacancy rates, there is nothing to show this is attributable to the non-resident construction workforce population;
e)any flow on economic benefits are limited by the fact that meals are provided on-site and would be dependent on the workers themselves deciding to go to town;
f)issues concerning the desirability of a buffer of supply of accommodation are largely irrelevant given the current application is concerned only with workers participating in the construction phase, and not operational workers; and
g)it is anticipated that, if approved, the viability of some hotels and motels in the town would be threatened due to the removal of that component from their businesses.
In cross-examination, Mr Musk accepted there is a need for a non-resident workforce accommodation facility in or near Charters Towers if the CopperString project proceeds. He does not disagree that up to 350 beds would be required.
Mr Musk agreed that the State was likely to have a greater financial capability to carry out the Big Rocks project than a regional local council, but also considered that the planned start date of 2026 was likely to be delayed given the recent developments.[61]
[61] Ts 3-87, ll 24-35.

Other evidence
Mr Paul Czislowski

As earlier noted, Mr Czislowski is the sole director and shareholder of the respondent. There are some further aspects of his lay witness statements that deserve mention. He was not required for cross-examination.
Although not referred to by Ms Ashford or Ms Bennett, it appears that at least one of the local hotels also operates a courtesy bus.[62] Presumably, that could be accessed by any residents at the proposed development.
[62]Exhibit 18; Statement of Paul Czislowski, paragraph 88.

Although I have not counted the precise number of submissions to which objection is taken, and the number was not quantified in submissions, it appears to be a small minority of the 90 lodged.
Further, the appellant correctly notes that all 94 objections were made before the approval of the minor change. However, that does not, in my view deprive them of some remaining utility in the hearing.
First, it should be noted that the “objection” from the Department of Education is not so much an objection to the proposed development, as a concern that the proposed conditions be enforced, and not relaxed. On that basis it can be put to one side.
Of the remaining 93 objections, if the complaints the subject of the minor change were removed from them, they still raise issues of amenity, economic need and compliance with the planning scheme.
On that basis, and allowing for the fact that some of the objections are not properly made, it can be seen that a sizable majority of the submissions are properly made and are opposed to the proposed development, in its current form, on bases that remain in issue in this hearing. The planning scheme informs the community’s reasonable expectations as to the development that may occur on the land. These objections are a credible source of evidence as to the expectations of the local community.[106]
[106]Ramsay Health Care Australia Pty Limited v Brisbane City Council & Anor [2024] QPEC 49, [46] citing Development Watch Inc v Sunshine Coast Regional Council & Anor [2022] QCA 6, [46].
The weight to be attributed to the properly made submissions, given the above observations, is a matter that must be determined in light of all other relevant considerations, including the fact that the planning scheme itself is said to represent the expectations of the community.

The currently proposed conditions

It follows from my earlier findings and observations that some of the proposed conditions reproduced at paragraph 40 herein do not serve to make the proposed development in its current form compliant with the planning scheme, nor sufficiently compliant to warrant allowing the appeal.
In particular condition 4, limiting operation of the facility to a 15-year period is unsustainable. In oral submissions, the appellant accepted that the life of the facility may be limited to 2032, presumably in deference to the renaming of the project as CopperString 2032. That too would be non-compliant, in terms of the planning scheme. It is unclear what the use of “2032” in the project name is intended to represent, as the evidence establishes that construction is expected to be completed in 2029. Perhaps it is envisaged that the project will not become fully operational for three years after construction is completed in the Charters Towers area. In any event, it does not matter. Hinging the length of the proposed development’s operations to the name of the project, where the reason for the name is obscure, does not satisify the strictness required by the assessment benchmark.
An appropriate condition might require, for example, decommissioning on the completion of the construction phases of the project in the Charters Towers area, but no later than 30 June 2030, to allow for the project running over time. If a time extension was perceived to be necessary due to the late completion of the construction phases, the appropriate application could be made.
Consistent with my construction of s. 3.4.1.2(11), and to better reflect the precise wording of that provision, the proposed condition 5 would need to include the words “mining or major economic” before the word “project” where it twice appears. The same can be said for condition 6(b) where the word “project” appears.
I accept the respondent’s submissions to the effect that the monitoring and enforcement of condition 6 in its current form is unenforceable, at a practical level. While it can be presumed that the appellant will abide by any imposed conditions,[107] the issue is the practical ability to enforce the conditions. In most jurisdictions there are many authorities about the inappropriateness of imposing a condition that cannot be complied with, or enforced. One such authority in this jurisdiction is Harris v Scenic Rim Regional Council.[108]
[107] Harris v Scenic Rim Regional Council [2014] QPEC 16, [18].
[108] supra at [234].
The respondent also relies on the observations of Williamson KC DCJ in Woodlands Enterprises Pty Ltd v Sunshine Coast Regional Council.[109] While the observations are of obvious assistance as statements of principle, they must be seen in the context in which they were made. The conditions the subject of that appeal were unenforceable because the respondent could not, in a practical sense, ensure adherence, regardless of how they were drafted. Although the condition as presently drafted is not realistically enforceable, no doubt a condition could be formulated, that is.
[109] [2020] QPEC 67, [39]-[44].
The currently proposed conditions rely on the honesty of the worker in declaring what type of work he or she is undertaking and on which project. I assume that, if not input into a cloud-based booking system by the worker, that would be faithfully recorded by the appellant’s staff, or agent. Under the currently proposed conditions, there is no requirement for independent proof of the project at which the worker is employed, nor the style of work being undertaken. Further, there is no ability to mandate verification of those details. While the appellant’s further written submissions on conditions refer to the powers provided by the legislation, I cannot identify any that allow for mandatory verification of the employment details provided. Proposed condition 7 would facilitate the respondent obtaining access to the records that were no doubt faithfully recorded by the appellant’s staff or agents, but that does not assist with ascertaining the veracity of that information. The fact that these systems are commonly used at other accommodation sites does not deal with the issues raised by this specific planning scheme.
Although I do not presently purport to rule on the propriety of any amended condition, it seems to me that it is not difficult to craft a condition that requires, for example, an intended tenant of the facility to upload into the online booking system a copy of some form of letter of engagement or other proof of engagement, or to provide a hard copy to the appellant’s staff or agent if booking in manually. In either instance, the condition could require that the appellant, through its staff or agent, be satisfied that the intended tenant is in fact engaged in the construction phases of the CopperString project before accepting the booking. If thought desirable, the details could be required to be updated at regular stated intervals. The uploading of documents into an online platform is quite nowadays commonplace, commonly by taking a photograph of the document on a phone and uploading it that way. It would not be overly onerous.
I emphasise that I am not indicating the type of condition that would be appropriate. I merely postulate that to demonstrate that there are means by which the appellant can remain responsible for checking the veracity of the information provided, and thereby facilitating enforcement, if necessary.
The respondent also complains that it would be unable to verify if a tenant of the proposed development were an employee at the relevant project, or a contractor. In my view, the concern is misplaced.
None of the terms “employee”, “worker” or “contractor” are expressly defined for the purposes of the planning scheme. Section 3.4.2.1(12) refers to “operational employees”, and sits in a complementary fashion with s. 3.4.2.1(11), thereby suggesting the use of the term “worker” in s. 3.4.2.1(11) encompasses an “employee”. It would be an odd result if contractors could be accommodated at the facility, but actual employees could not.
Regardless, I do not accept that the planning scheme intended to differentiate between employees and contractors, in the sense the common law has recognised.[110] The object of the provisions is to regulate the types of accommodation that those working on the construction phases of the relevant projects are housed, not the terms of engagement by which they are engaged on the project.
[110] Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16.
It is also telling that the use definition of the term “non-resident workers accommodation” includes, as an approved use, a “contractor’s camp”, suggesting an interchangeability between the two, and that the planning scheme envisages contractors being housed in non-resident workforce accommodation. The terms should understood in this planning scheme without consideration of the legal differences recognised by the common law. Both contractors and employees working on the construction phases of the relevant project are “workers” for the purposes of s. 3.4.1.2(11).
The impost on the respondent in checking compliance is a relevant consideration, as observed in Woodlands Enterprises Pty Ltd v Sunshine Coast Regional Council, but I cannot imagine that there would realistically be a need to check all tenancies every time there was a turnover of even one worker at the facility, as suggested in cross-examination. Notwithstanding the respondent’s submission to the contrary,[111] I did not understand Ms Morrissy to be saying in her testimony that it would be necessary to do that.[112] While she acknowledged there was a level of risk, I understood her evidence to be that she didn’t think that level of checking would be necessary to ensure compliance. I agree.
[111] Respondent’s written submissions – part B at paragraph 137.
[112] Ts 2-32, ll 15-38.
Also, it is not to the point that workers may have moved on by the time any non-compliance is discovered. If liability can be established, proceedings can be commenced against the appellant, or a tenant, regardless of whether they maintain a physical connection with Charters Towers or not.
Lastly, proposed condition 12 refers to the use of the ASIP. While I accept that it is a living document that is designed to be amended as the proposed development changes, it is difficult to assess its utility. The condition appears to be appropriate, but that is not to suggest the parties should not consider further early refinement.

Conclusions

The appeal cannot be allowed on the basis of the application in its current terms, including the currently proposed conditions.
As can be seen from the above analysis, the proposed development is clearly inconsistent a number of assessment benchmarks, namely the mandated requirement that it be a temporary use as required by s. 3.4.1.2(11), with the strategic intent at ss. 3.2.2(2)(b), 3.2.2(3)(a) and 3.2.3 – Rural Residential, and with the RRZC at ss. 6.2.7.4.2(2)(a), 6.2.7.4.2(2)(b) and 6.2.7.4.3 at both PO3 and AO3.
The length of time the facility can operate can be the subject of conditions, but non-compliance with the other assessment benchmarks attracts significant weight in the balancing exercise, but is not an overwhelming feature. The extent of inconsistency with the mandated requirement of being a temporary use is self-evident once these reasons are considered, but the extent of other inconsistency is, in large part, determined by the scale, bulk and density of the built form, including the proposed fencing and landscaping.
It is that aspect of the proposed development which features highly in the overall impact assessment, and the corresponding exercise of discretion as the assessment manager. In its current form, it is unacceptably incongruent with both the locality and the immediate surrounds, thereby affecting the visual amenity and character of the locality to an unacceptable level, even if the use were limited to the eight years currently proposed.
The description of the site as being something of an island because it is surrounded by roads, is accurate in the sense that there is no common boundary to any other property. However, bearing in mind that I have described both Creek Street and Richard Road as unmade road reserves and, colloquially, as undefined scrub tracks, the property is not in reality physically isolated from its surrounds, on those frontages, although they are not the most utilised perspectives of it.
The built form of the proposed development in its current form occupies much of the roughly three-quarters of the four hectare site. This is notably different to most of the locality, and all of the immediate surrounding area within the RR zone. While the setbacks are acceptable in terms of the planning scheme’s requirements, the scale and bulk of the proposed development creates an imposing impression on the area to an unacceptable level, notwithstanding the partly ameliorative effect of the fencing and landscaping, and the slope of the site.
Further, I accept that the proposed development in its current form would disrupt the existing cohesion of the community in which it is proposed to be situated. The extent of this disruption is again largely related to the scale of the proposed development and the number of workers that it proposes to accommodate, even when introduced in stages, and the time frame over which it is proposed that the facility would operate. A reduction in both the bulk and scale of the facility and limiting the period over which it can operate will not eliminate this disruption, but it will ameliorate it considerably and, depending on the extent of the reduction, to an acceptable level.
On the other hand, there are features which support aspects of the proposed development.
First, I accept there is a need for a non-resident workforce facility in the Charters Towers area given the foreseeable arrival of the CopperString project, for the reasons earlier given.
Second, the position of the site does bring with it some advantages, notwithstanding its impact on the cohesion of the existing community. It is relatively close to the town centre and so is likely to provide some economic benefits to the businesses in the town centre, even though meals are provided on-site and the workers’ hours are long. It is far more likely than if the site were positioned many kilometres out of town. The provision of a shuttle bus, through the adoption of an ASIP, will help facilitate that outcome. While it may not provide the whole answer to the issue, it does assist.
While I doubt that there will be comprehensive social integration of the workers into the fabric of the Charters Towers community given the expected hours they will work and the presumption they will leave town when rostered off, the ASIP provides a means to facilitate that, to some degree. Again, the location of the site will make that more likely than if it were located many kilometres out of town.
While I am satisfied that the current proposed conditions make policing of the bookings unfeasible, thereby making the enforcement of those aspects of the planning scheme unworkable, for the reasons set out earlier, that is a matter that should be able to be resolved through the imposition of appropriate conditions.
Balancing all of those matters, and subject to the consideration of further submissions, I consider that a smaller version of the proposed development may represent an acceptable impact and justify approval, notwithstanding its departure from the provisions of the planning scheme.
Subject to those further submissions, the minimum reduction from the current proposal which would warrant granting the application in part, in the overall exercise of discretion, may be, by reference to the layout plan in Exhibit 2 page 1, to approve the accommodation buildings in stages 2, 3 and 4 to the extent they extend south only so far as the same line as the currently proposed far southerly end of the accommodation buildings in stages 5, 6 and 7 in the current proposal, and to not approve the accommodation buildings in stage 7. Those changes would have the effect of reducing the accommodation capacity to 240 beds; a decrease of about 41% on the current proposal. In that event, the various fencing, acoustic barriers and landscaping would then need to be moved so as to remain immediately adjacent to the remaining built form, as is currently proposed.
From a character and visual amenity perspective, the facility would retain the appearance of an impermeable fenced compound, but would be notably less intrusive because of its reduced bulk and scale. Its intrusion would be acceptable, particularly in light of the reduced time period it would be permitted to operate. Those changes would result in a lesser societal impact from the facility, although it may not eliminate it, and a lesser traffic impact on the community.
From the perspective of Phillipson Road, the further setback achieved by reducing the reach of stages 2, 3 and 4 to the south means it would be notably less obvious because of the natural slope of the land away to the north. The removal of the proposed stage 7 will have little impact from this perspective as visually much of it is already impacted by the presence of the existing structures.
From the perspective of Nagle Street and the school, the reduction in size of stages 2, 3 and 4 will have little effect, but the removal of the proposed stage 7 will add to the open space in the south-west corner of the site, and the existing structures will provide some visual cover for the remainder of the built form and fencing, etc. Additionally, it may be that the reduction in the scale of the proposed development will mean that the overflow carpark is not required, or being reduced in size. If that were to occur, that would add to the open space appearance from this perspective, but I consider the removal of stage 7 would likely be necessary regardless.
From the perspective of Deanes Road, the facility would still be obvious, but the reduction of stages 2, 3 and 4 means that about one-third of the development area fronting that road will be removed, thereby reducing the visual impact and the impact on the existing character of the area.
I accept that the reduction in scale will be unlikely to noticeably change the appearance and visual amenity of the facility from the Creek Street and Richard Road perspectives, but these perspectives are not likely to be often used to observe the proposed development, the facility will be limited in its operation to a relatively short timeframe, and conditions could be considered concerning the removal of all built form and fencing and acoustic barriers as part of the conditions of being decommissioned. I note that the appellant has already undertaken to give consideration to similar action on cessation of the approval, and conceded that such a condition is lawful, and properly able to be imposed.[113]
[113] See paragraph 146 herein; Ts 4-39, l 39.
That minimum reduction in its scale and bulk may make it less obviously incongruous with the locality, and result in a lesser impact on the existing character of the area. That, together with the more limited timeframe under which it would operate, would still result in some impact on the character and amenity of the locality, but it may be within the bounds of a reasonable impact and may, together with the imposition of appropriate conditions, warrant approval in the balancing exercise required to be undertaken.
The changes would also address, to some degree, the concerns expressed in the properly made submissions.
I acknowledge that a development of this scale would not cater to the upper range of the estimated need for non-resident accommodation beds. However, I consider that, were the facility any bigger than that suggested, it would likely create an unacceptable impact overall. If further accommodation is required than any part approval of the proposed development delivered, the operator of the CopperString project has its remedies through the MID process, or by making its own material change of use application.

Any approved development would need to address, at least, the issues with the proposed conditions identified in these reasons.

Orders

The appeal is adjourned to a date to be determined on the delivery of these reasons, for further review, in light of these reasons.

Annexure A - Relevant Town Planning Scheme Provisions.

Part 1 About the Town plan
1.5Hierarchy of assessment benchmarks

Where there is inconsistency between provisions in the Town plan, the following rules apply:
(a)the strategic framework prevails over all other components to the extent of the inconsistency for impact assessment;
(b)relevant codes as specified in schedules 6 and 10 of the Regulation prevail over all other components to the extent of the inconsistency;
(c)overlays prevail over all other components (other than the matters mentioned in (a) and (b)) to the extent of the inconsistency;
(d)zone codes prevail over use codes and other development codes to the extent of the inconsistency;
(e)provisions of Part 9 (Other plans) may override any of the above.

Part 3 Strategic framework
3.2 Strategic intent
3.2.1 Overview
(12) The Charters Towers urban area and its surrounding townships and localities are renown for a relaxed county lifestyle and rural character, ideal for the lifestyle needs of families and retirees. There is a range of community, recreation and entertainment facilities that promote community wellbeing. This is symbolised through events such as the Goldfield Ashes which is the largest amateur cricket carnival in the southern hemisphere.
3.2.2 The New World in 2038

Whilst Charters Towers was often referred to as 'The World' at the height of the gold rush in the late nineteenth century, changes in economic conditions and technology in recent times has seen the region become more adaptable and progressive in the face of changing circumstances. The Town plan describes these characteristics as part of what is named, 'The New World' which looks towards the region of Charters Towers in 2038 and beyond.

The New World of Charters Towers is made up of a prosperous and engaged regional community driven by traditional industries in the gold mining and rural sectors, new economic development, innovation opportunities and tourism. This regional mosaic is underpinned by infrastructure, services and sustainable development practices.

(2) The New World of the Charters Towers region has the following building blocks:
(b) a network of strategically connected communities of different sizes that promote community wellbeing and regional identity;

Communities are made up of distinct and compact urban areas and townships that:
(a) are functional, well balanced, liveable and have a high level of amenity;
(b) support community interaction and active lifestyles for all age groups;
…
The Charters Towers region is adaptable, flexible and nimble in providing materials, services, energy and data networks to support new technologies, research, innovation and emerging economic opportunities.
This ability to adapt in changing economic circumstances demonstrates the region's level of resilience to accommodate population and economic growth in its urban areas and townships.

3.2.3 Places in the New World of the Charters Towers Region

Charters Towers is a large and diverse region which contains many distinct places that are all important in creating a vibrant and prosperous region. The Charters Towers places model is a visual summary of how land use and development is acknowledged and anticipated across the region within these distinct places, as illustrated in the model below:

Places	Description	Location in the region
Rural Residential	Rural residential places provide for residential development on large lifestyle lots in a rural setting. The keeping of small numbers of working and companion animals and hobby farming is expected in these areas along with some small-scale tourism uses in Hervey Range.	Rural residential zoned land in the Charters Towers fringe and environs areas and also Hervey Range.
Urban – Neighbourhoods	Urban neighbourhoods accommodate the region’s urban residential areas with a wide range of housing options such as houses, units and retirement facilities that cater for all lifecycle needs. Many houses display historical design features which reflect the heritage and character of these neighbourhoods. Within these areas there is sufficient capacity to accommodate the future urban growth of the region. Neighbourhoods are fully serviced to an urban standard and include some non-residential uses (community facilities, open space and sport and recreation).	General residential zoned areas within the Charters Towers urban area.

3.3A New World for economic development and tourism
3.3.1Strategic outcomes
3.3.1.1A region for major economic activities, uses and opportunities

The region has vast areas of largely unconstrained rural land that can support major economic activities and uses that cannot be appropriately accommodated within urban and township areas because of adverse impacts. The region has unique locational and transport characteristics with multi modal networks (major road and rail and a rural airport) converging in Charters Towers along with proximity to the Port of Townsville. In addition to other land consumptive uses, these characteristics are suitable for the establishment of a large scale freight and logistics supply hub for north Queensland.

3.4A New World for living, growing and aging in our communities.
3.4.1Strategic outcomes
3.4.1.2 Providing housing choice and diversity across the lifecycle.

Existing urban areas within Charters Towers are the focus for the majority of housing growth through a mix of:
(a) infill development in the form of Dwelling houses, Dual occupancy, Multiple dwellings, community residence, residential care and retirement facilities in the General residential zone; and
In addition to this, there are also housing options in the Rural residential zone surrounding the Charters Towers urban area.

…

Rural residential housing is limited to the Rural residential zone on lot sizes that can accommodate onsite treatment of effluent and provide transition to rural areas from urban areas. The extent of the Rural residential zone surrounding the Charters Towers urban area is a reflection of historical subdivision patterns that resulted in a mix of highly fragmented land and the absence of genuine rural activities in these areas. This consists of an inner ring of Rural residential parcels which have some level of water servicing and an outer ring known as the Environs precinct that accommodates larger Rural residential parcels with very limited servicing.
No further Rural residential development is supported outside of land in the Rural residential zone surrounding the Charters Towers urban area and in Hervey Range

…

Any non-resident workers accommodation is strictly limited to the construction phases of any mining or major economic projects. These temporary uses are construction camps which exist only during the construction phase of such developments and are decommissioned once construction is finished.
The housing of operational employees of mining or major economic projects must be accommodated within the region's urban or township communities where the necessary services, facilities and infrastructure are already provided or can be augmented. Non-resident workforce accommodation servicing operational employees is not supported anywhere throughout region.

3.5 A New World of sustainable infrastructure & services for our communities
3.5.1 Strategic outcomes
3.5.1.3 Social, open space and recreational infrastructure that supports community health and wellbeing

Residents and visitors have access to a network of well-located social infrastructure, open space and recreational facilities that meet community needs and promotes community interaction and a healthy lifestyle.

5.3Categories of development and assessment
5.3.3Determining the requirements for accepted development and assessment benchmarks and other matters for assessable development

The following rules apply in determining assessment benchmarks for each category of development and assessment.
Code assessable development:
(a)is to be assessed against all the assessment benchmarks identified in the Assessment benchmarks for assessable development and requirements for accepted development column;
(b)that occurs as a result of development becoming code assessable pursuant to sub-section 5.3.3(2), must:
(i)be assessed against the assessment benchmarks for the development application, limited to the subject matter of the required acceptable outcomes that were not complied with or were not capable of being complied with under sub-section 5.3.3(2);
(ii)comply with all required acceptable outcomes identified in sub-section 5.3.3(1) other than those mentioned in sub-section 5.3.3(2);
(c)that complies with:
(i)the purpose and overall outcomes of the code complies with the code;
(ii)the performance or acceptable outcomes complies with the purpose and overall outcomes of the code;
(d)is to be assessed against any assessment benchmarks for the development identified in section 26 of the Regulation.
Editor's note-Section 27 of the Regulation also identifies the matters that code assessment must have regard to.
Impact assessable development:
(a)is to be assessed against the identified assessment benchmarks in the Assessment benchmarks for assessable development and requirements for accepted development column (where relevant);
(b)assessment is to have regard to the whole of the Town plan, to the extent relevant;
(c)is to be assessed against any assessment benchmarks for the development identified in section 30 of the Regulation.
Note-The first row of each table of assessment is to be checked to confirm if there are assessment benchmarks that commonly apply to general scenarios in the zone, local plan or overlay.
Editor's note-Section 31 of the Regulation identifies the matters that impact assessment must have regard to.

Part6 Zones
6.1Preliminary

Zones organise the Town plan area in a way that facilitates the location of preferred or acceptable land uses.
Zones are mapped and included in Schedule 2 (Mapping).
The categories of development and assessment for development in a zone are in Part 5 Tables of Assessment.
Assessment benchmarks for zones are contained in a zone code.
A precinct may be identified for part of a zone.
Precinct provisions are contained in the zone code.
Each zone code identifies the following:
(a)the purpose of the code;
(b)the overall outcomes that achieve the purpose of the code;
(c)the performance outcomes that achieve the overall outcomes and the purpose of the code;
(d)the acceptable outcomes that achieve the performance and overall outcomes and the purpose of the code; and
(e)the performance and acceptable outcomes for the precinct.
…

6.2.7.4 Rural residential zone code
6.2.7.4.2 Purpose

The purpose of the Rural residential zone is to provide for residential uses and activities on large lots, including lots for which the local government has not provided infrastructure and services.

(2) The purpose of the zone will be achieved through the following overall outcomes:
(a) development of large rural residential lots with Dwelling houses where there is limited provision of infrastructure;
(b) development provides a high level of residential amenity and character appropriate for the Rural residential zone;

6.2.7.4.3 Specific benchmarks for assessment
Table 6.2.7.4.3 - Accepted development subject to requirements and assessable development

Performance Outcomes	Acceptable Outcomes
Residential density
PO3 Residential density reflects the very low intensity character of the locality.	AO3.1 Residential is limited to 1 Dwelling house per allotment including a Secondary dwelling
	AO3.2 Any Secondary dwelling is: (a) a maximum of 80m²gross floor area; and (b) within 25m of the main building.

Schedule 1 Definitions
SC 1.1Use definitions

Use definitions have a particular meaning for the purpose of the Town plan.
Any use not listed in Table SC1.1.2 (Use definitions) column 1 is an undefined use.
Note - Development comprising a combination of defined uses is not considered to be an undefined use.
A use listed in Table SC1.1.2 (Use definitions) column 1 has the meaning set out beside that term in column 2.
The use definitions listed here are the definitions used in this Town plan.
Column 3 of SC1.1.2 (Use definitions) identifies examples of the types of activities that are consistent with the use identified in column 1.
Column 4 of Table SC1.1.2 (Use definitions) identifies examples of activities that are not consistent with the use identified in column 1.
Columns 3 and 4 of Table SC1.1.2 (Use definitions) are not exhaustive lists.
Uses listed in Table SC1.1.2 (Use definitions) columns 3 and 4 that are not listed in column 1, do not form part of the definition.

SC 1.1.2 - Use definitions

Column 1 Use	Column 2 Definition	Column 3 Examples Include	Column 4 Does not include the following examples
Dwelling house	A residential use of premises involving – (a) 1 dwelling for a single household and any domestic outbuildings associated with the dwelling; or (b) 1 dwelling for a single household, a Secondary dwelling, and any domestic outbuildings associated with wither dwelling.	Caretaker’s accommodation, Dual occupancy, Rooming accommodation, Short-term accommodation, student accommodation, Multiple dwelling.
Hotel	(a) The use of premises for- (i) selling liquor for consumption on the premises; or (ii) a dining or entertainment activity, or providing accommodation to tourists or travellers, if the use is ancillary to the use in subparagraph (i); but (b) does not include a bar.	Pub, tavern	Bar, nightclub entertainment facility
Non-resident workforce accommodation	The use of premises for – (a) accommodation for non-resident workers; or (b) recreation and entertainment facilities for persons residing at the premises and their visitors, if the use is ancillary to the use in paragraph (a).	Contractor’s camp, construction camp, single person’s quarters, temporary workers’ accommodation	Relocatable home park, Short-term accommodation, Tourist park.
Short-term accommodation	(a) The use of premises for (i) Providing accommodation of less than 3 consecutive months to tourists or travellers; or (ii) a manager's residence, office, or recreation facilities for the exclusive use of guests, if the use is ancillary to the use in subparagraph (i); but (b) does not include a hotel, nature-based tourism, resort complex or Tourist park.	Motel, backpackers accommodation, cabins, serviced apartments, hotel, farm stay	Hostel, Rooming accommodation, Tourist park

SC 1.2 Administrative terms

Administrative terms and definitions assist with the interpretation of the Town plan but do not have a meaning in relation to a use term.
An administrative term listed in Table SC 1.2.2 - Administrative terms and definitions as per the regulated requirements column 1 has the meaning set out beside that administrative term in column 2 under the heading.
The administrative terms and definitions listed here are the terms and definitions for the purpose of the Town plan.

SC 1.2.2 - Administrative terms and definitions as per the regulated requirements

Column 1

Administrative term

Column 2

Definition

Non-resident worker

Non-resident worker means a person who –

(a) Performs work as part of –

(i) a resource extraction project; or

(ii) a project identified in a Town Plan as a major industry or infrastructure project; or

(iii) a rural use; and

(b) lives, for extended periods, in the locality of the project, but has a permanent residence elsewhere.

Example of a non-resident worker – a person engaged in fly-in/fly-out, or drive in/drive out, working arrangements

Temporary use

temporary use means a use that-

(a) is carried out on a non-permanent basis; and

(b) does not involve the construction of, or significant changes to, permanent buildings or structures.

CITATION:	Charters Towers Operations Pty Ltd v Charters Towers Regional Council [2025] QPEC 12.
PARTIES:	Charters Towers Operations Pty Ltd ACN 655 026 305 (Appellant) v Charters Towers Regional Council (Respondent)
FILE NO:	2544 of 2023
DIVISION:	Planning and Environment
PROCEEDING:	Appeal against refusal.
ORIGINATING COURT:	Planning and Environment Court, Brisbane.
DELIVERED ON:	11 June 2025
DELIVERED AT:	Brisbane.
HEARING DATE:	18 – 21 June 2024. Written submissions received 9 July 2024 and 17 March 2025.
JUDGE:	Byrne KC DCJ
ORDER:	The appeal is adjourned to a date to be determined on the delivery of these reasons, for further review, in light of these reasons.
CATCHWORDS:	ENVIRONMENT AND PLANNING – PLANNING – PLANNING CONTROLS – QUEENSLAND – LOCAL PLANNNG INSTRUMENT – where an appeal lies against the refusal by the respondent of an application for a material change of use – where the application sought approval to construct and operate a non-resident workforce accommodation facility in the rural residential zone as designated in the Charter Towers Town Plan, version 2 – where the application is impact assessable. ENVIRONMENT AND PLANNING – PLANNING – PLANNING CONTROLS – QUEENSLAND – LOCAL PLANNNG INSTRUMENT – where the planning instrument requires that non-resident workforce accommodation be a temporary use strictly limited to the construction phases of the major project – meaning of temporary - whether the planning instrument requires that the applicant can establish that the facility will supply accommodation to one or more specific projects. ENVIRONMENT AND PLANNING – PLANNING – PLANNING CONTROLS – QUEENSLAND – LOCAL PLANNNG INSTRUMENT – whether the planning instrument allows a non-resident workforce accommodation facility in the rural residential zone – where issues of social planning, economic need and character and visual amenity are raised by the issues in dispute where some aspects of the application are in conflict with provisions in the planning instrument - whether the application warrants acceptance, in whole or in part and with or without conditions, as an exercise of discretion.
LEGISLATION:	Acts Interpretation Act 1954, ss. 7, 32C. Planning Act, ss. 45, 60, 65. Planning and Environment Court Act 2016, ss. 43, 45, 46, 47. Planning and Environment Court Rules 2018, r. 34. Planning Regulations 2017, rr. 30, 31.
CASES:	AB v Independent Broad-based Anti-Corruption Commission (2024) 278 CLR 300. Abeleda v Brisbane City Council and Anor (2020) 6 QR 441. Acland Pastoral Co Pty Ltd v Rosalie Shire Council [2008] QPELR 342. Arksmead Pty Ltd v Council of the City of Gold Coast [2001] 1 Qd R 285. Ausco Modular Pty Ltd v Western Downs Regional Council and Anor [2018] QPELR 80. Bell v Brisbane City Council & Ors [2022] QPELR 289. Broad v Brisbane City Council & the Baptist Union of Queensland [1986] 2 Qd R 317. Clarry & Anor v Brisbane City Council [2024] QCA 39. Development Watch Inc v Sunshine Coast Regional Council & Anor [2022] QCA 6. Harris v Scenic Rim Regional Council [2014] QPEC 16. Isgro v Gold Coast City Council & Anor [2003] QPELR 414. Lennium Group Pty Ltd v Brisbane City Council & Ors [2019] QPEC 17. Metroplex Management Pty Ltd v Brisbane City Council & Ors [2010] QCA 333. Murphy v Moreton Bay Regional Council [2019] QPELR 417. Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355. Ramsay Health Care Australia Pty Limited v Brisbane City Council & Anor [2024] QPEC 49. Room2Move.com Pty Ltd v Western Downs Regional Council [2019] QPEC 34. Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16. The Queen v A2 (2019) 269 CLR 507. WBQH Development Pty Ltd v Gold Coast City Council [2009] QPEC 54. Woodlands Enterprises Pty Ltd v Sunshine Coast Regional Council [2020] QPEC 67. Zappala Family Co Pty Ltd v Brisbane City Council [2014] QPELR 686; [2014] QCA 147.
COUNSEL:	Mr. M. Batty and Ms. J. Bowness for the appellants. Mr. E Morzone KC and Mr. N. Batty for the respondents.
SOLICITORS:	McCullough Robertson for the appellants. McDonnells Law for the respondents.

No.	Condition	Timing
Temporary use
4	The development is to operate for a maximum of 15 years from commencement of the use (Stage 1).	At all times
Construction phase workers
5	The use is only to accommodate workers employed for the construction phase of a project. Accommodation is not to be offered or provided to any workers who are employed for the ongoing operational phase of a project.	At all times
6	a) An online booking system must be maintained through RMS Cloud (or an equivalent platform) for the purposes of recording the details of workers who are accommodated at the site. b) The details recorded in the online booking system must include the name of the project in relation to which the worker is employed, and whether that project is in a construction or operational phase.	At all times
7	Council is to be provided with ongoing access to the online booking system, including access to a record of the booking details for all workers accommodated at the site. [Note: The Appellant is willing to agree to an additional condition requiring periodic reports to be provided to Council setting out the details of the workers accommodated at the site, if necessary]	At all times
Landscaping
8	The site is to be landscaped generally in accordance with the Landscape plans relied on at the hearing.[28] [Note: The Appellant is willing to amend the Landscape Plans to include the planting of street trees, if necessary]
Operating procedures
12	The use is to be operated generally in accordance with the Accommodation and Social Integration Plan prepared by TAP Consulting (Issue A dated 9 February 2024).	At all times