Insight Projects (Qld) Pty Ltd v Hervey Bay City Council

Insight Projects (Qld) Pty Ltd brought an appeal against the Hervey Bay City Council's decision to reject their proposal for a subdivision. The crux of the matter revolved around whether the proposed road design and pedestrian access in the appellant’s subdivision proposal contravened the respondent’s transitional or integrated planning act (IPA) planning schemes. The appeal was heard and determined by the Queensland Planning and Environment Court.

The court had to address whether a town planner employed by a party could provide expert evidence in this context and, if so, the weight to be given to such evidence. This issue was significant given the role of the planner in interpreting and applying the planning schemes in question. The court also had to consider the rules of court relevant to the admissibility and weight of expert evidence.

The court found in favour of the appellant, determining that the change proposed in the subdivision was minor and did not offend the respondent's planning schemes. The court allowed the appeal, declared the change to the application as minor, and ordered an adjournment for further review. This decision hinged on the interpretation of the planning schemes and the weight accorded to the expert evidence provided by the town planner.