Lipoma Pty Ltd & Ors v Redland City Council & Nerinda Pty Ltd

Lipoma Pty Ltd and others appealed against the approval given by Redland City Council to Nerinda Pty Ltd for a major commercial development. The approved development included a "full-line" supermarket, specialty shops, a retail warehouse, a family tavern, a medical centre, a service station, and parking facilities. The retail and commercial components of the development were located approximately 5.4 kilometres from the major centre and partly within various zones, including Medium Density Residential, Urban Residential, Open Space, and Community Purposes. The development was designated as partly Medium Density Residential Housing, partly Urban Residential Housing, and partly Greenspace Network.

The court examined whether the proposal met existing community, economic, and planning needs, and if the scheme provisions were "overtaken by events." It also assessed whether there were sufficient grounds to approve the application despite conflicts with the scheme. The court considered the impact of the development on the centre network and the hierarchy of centres, particularly focusing on the provision of necessities such as food and groceries.

The court concluded that the proposal did not meet the necessary criteria for approval, as it conflicted significantly with the scheme at the serious end of the spectrum. The court found that the development would have unacceptable adverse impacts on the centre network and hierarchy. Consequently, the appeal was allowed, and the development application was refused. The court scheduled a further hearing to consider any consequential orders that may arise from this decision.