Glenvale Properties Pty Ltd v. Toowoomba City Council & Ors; McNab Developments P/L v Toowoomba City Council & Ors; Sunset Superbowl P/L v Toowoomba City Council & Anor; Beck v Toowoomba City Council & Anor

The plaintiffs, Glenvale Properties Pty Ltd, McNab Developments P/L, Sunset Superbowl P/L, and Beck, sought judicial review of decisions made by the Toowoomba City Council regarding rival development applications for supermarket-based shopping centres in Toowoomba. The dispute involved two proposals, one for which the council had issued a preliminary approval, while the other had been effectively refused due to a deemed refusal. The applicants argued that only one development permit was necessary to serve the community, and that the council's decisions were flawed in considering factors such as catchment area, traffic impact, and neighbourhood amenity.

The central legal issues before the court included whether the Draft Strategic Plan, which favoured one proposal, should be taken into account despite the council not having commenced the Schedule I processes outlined in the Integrated Planning Act 1997. Additionally, the court had to determine the appropriate form of development approval for the successful proposal, specifically whether it should be a development permit or a preliminary approval.

The court found that the Draft Strategic Plan was not binding and should not have influenced the council's decision. It also determined that the council's assessment of the proposals was flawed in several respects, including its consideration of catchment area and traffic impact. The court held that the Schedule I processes had not been properly followed, and thus the preliminary approval granted for one proposal was not valid. Consequently, the court allowed the appeal and granted a development permit rather than a preliminary approval, while dismissing the other appeals.

The court's final orders were to allow appeal 2056 of 2007, substituting a development permit for the preliminary approval, and dismissing the other appeals. This ruling clarified the legal standards for evaluating development applications and the importance of adhering to statutory processes in making council decisions.