Development Watch Inc v Sunshine Coast Regional Council & Anor

Development Watch Inc appealed against the Sunshine Coast Regional Council's decision to approve a mixed-use development application in the Sunshine Coast region. The primary judge dismissed the appeal and approved the development application, determining that the proposed development complied with the relevant planning scheme and that the height of the buildings and structures was consistent with the reasonable expectations of the local community. The appeal was brought by Development Watch, which had previously submitted objections to the development on the grounds that the height of the buildings and structures in the proposed development did not align with the reasonable expectations of the local community.

The legal issues in this case revolved around whether the primary judge erred in law by failing to have proper regard to the community submissions opposing the development due to the height of buildings and structures, and whether the judge erred in law by not finding what the reasonable expectations of the local community were regarding the height of buildings and structures in the proposed development. Another issue was whether the primary judge erred in law by deciding not to consider the version of the planning scheme current at the time of the appeal.

The court found that the primary judge did indeed err in law by not properly considering the community submissions opposing the development on the grounds of the proposed height of buildings and structures, and by not determining what the reasonable expectations of the local community were regarding the height of buildings and structures in the proposed development. The court also found that the primary judge erred in law by not considering the version of the planning scheme current at the time of the appeal. Consequently, the judgment below was affected by these errors of law, which could have materially affected the decision at first instance.

The court granted leave to appeal, allowed the appeal, set aside the decision of the Planning and Environment Court, and directed the parties to file and serve written submissions regarding the terms on which they contend the case should be remitted to the Planning and Environment Court to be determined according to law and the appropriate order as to costs.