Mackay Shopping Centre Pty Ltd v Mackay Regional Council and Other

Mackay Shopping Centre Pty Ltd contested the Mackay Regional Council's approval of a new shopping centre proposed by another party on a site zoned Higher Density Residential. The dispute was heard and determined by the Queensland Planning and Environment Court. The primary contention was whether the proposal for the new shopping centre compromised the achievement of the Development and Environmental Objectives (DEOs) for Economic Development and Amenity and Community Well-Being, and whether there were sufficient grounds to justify the approval despite the conflict with the planning scheme, which disfavours commercial development outside designated centres.

The court was required to consider whether the planning scheme had been "overtaken by events," whether the changes to vehicle access to the new centre were merely a "minor change," and whether a "very high" impact on the trading of the nearby designated centre was acceptable. Additionally, the court needed to determine whether there was a conflict with the Regional Plan. The appeal was submitted by a commercial rival of the approved shopping centre.

The court found that the changes to vehicle access were indeed a minor change, and the scheme had not been overtaken by events. The impact on the nearby designated centre, though high, was deemed acceptable in the context of broader economic and community objectives. The court also determined that there was no conflict with the Regional Plan. Consequently, the minor change application was acceded to, and the appeal was allowed, but only to permit the imposition of certain new conditions. These conditions were aimed at mitigating the impact on the nearby designated centre and ensuring compliance with the planning scheme's objectives.