ARTICLE · 25 APRIL 2014

32/13 Fabcot Pty Ltd v Cairns Regional Council [2013] QPEC 38

Norton Rose Fulbright Australia

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This was an appeal against the application refusal to allow a supermarket based shopping centre on residential land.

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Applicant appeal against refusal of development application seeking a preliminary approval overriding the planning scheme – proposed supermarket based shopping centre on land in Residential 2 Area – whether achievement of relevant DEOs would be compromised – whether conflict otherwise with the planning scheme and / or Regional Plan – need – whether facilities could be accommodated in the designated town centre to the east – likely impact in the District Centre – likely impact on a vacant Local Centre site to the west – social impact – amenity and urban design

Integrated Planning Act 1997 (Qld), ss 1.3.1, 2.5A.10, 2.5A.20, s.5A.21, 2.5B.7, 2.5B.8, 3.1.6, 3.5.5, 3.5.5A, 3.5.14A, 3.5.32(1)(a)

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