Development Watch Inc & Anor v Sunshine Coast Regional Council & Anor

Development Watch Inc and another appellant sought to appeal against the Sunshine Coast Regional Council’s decision to approve a development application for a mixed-use development. The appellants argued that the proposed development did not comply with the assessment benchmarks, and that the development would be an inappropriate commercial development in a tourism focus area. The appellants also claimed that the development would have unacceptable impacts on the character and amenity of the area and would not sensitively transition to the local setting. Furthermore, the appellants argued that the development would pose an unacceptable risk to the loggerhead turtle, and that the development did not support the objectives and planned outcomes of the relevant regional plans.

The court was required to determine whether the proposed development complied with the relevant assessment benchmarks, and whether the development would achieve the Planning Scheme’s intention for a tourism focus area. The court also had to decide whether the proposed development would have unacceptable impacts on the character and amenity of the area, and whether the development would pose an unacceptable risk to the loggerhead turtle. Additionally, the court had to consider whether there were relevant matters that supported refusal or approval of the development application.

The court found that the proposed development complied with the relevant assessment benchmarks, and that the development achieved the Planning Scheme’s intention for a tourism focus area. The court also found that the development would not have unacceptable impacts on the character and amenity of the area, and that the development would not pose an unacceptable risk to the loggerhead turtle. The court further found that there were relevant matters that supported approval of the development application, including the economic, planning, and community need for the proposed development. The court also found that the proposed development was consistent with the objectives and planned outcomes of the relevant regional plans, and that it was in the public interest for the proposed development to be approved.

The court ordered that the appeals be dismissed, and that the development application be approved subject to conditions in due course. The court further ordered that the Respondent deliver a draft Judgment attaching the conditions of approval to the other parties by 4 pm on 8 June 2020, and that the appeal be listed for review on 15 June 2020 for the purpose of making final orders in the appeal.