Planning and Environment Court

McConaghy Properties Pty Ltd v Townsville City Council & Anor [2017] QPEC 011 (16/315) Morzone QC DCJ 10 March 2017

Full-text: QPEC17-011.pdf


PLANNING AND ENVIRONMENT – Appeal against approval of major commercial development including a supermarket, specialty shops - land currently zoned open space, sport and recreation purposes – land owned and occupied by rugby union association – relocation of existing use to larger facilities subject of future application, assess and approval

OUT OF CENTRE DEVELOPMENT – provision of the necessities of life (food and groceries) - whether unacceptable adverse impacts on the centres network – whether unacceptable adverse impacts on the open space network - whether unacceptable adverse impacts on the traffic network

CONFLICT – Conflict with the scheme – at serious end of spectrum - whether the proposal will meet an existing town planning and community need, and economic need, without unacceptable amenity or economic impacts; whether the proposal will create a definable node of uses; whether the proposal will result in improvements to the road network; whether proposal will provide additional employment opportunities during construction and operation; whether the zoning of the subject land has been “overtaken by events” - whether sufficient grounds to approve the application despite the conflicts