The decision rules under the Sustainable Planning Act
2009 (SPA) are unnecessarily complex and not conducive to
achieving balanced performance-based planning outcomes. Indeed, in
a recent paper, partner David Nicholls argued for the need for
reform of the decision rules (see
Unlocking the power of positive planning policy: Returning
flexibility to Queensland's planning system).
The suite of decisions by the Planning and Environment Court and
the Queensland Court of Appeal relating to a proposed gas-fired
peak demand electricity generator at Gatton in the Lockyer Valley
demonstrates the complexity of the decision rules. In this series
of four judgments, the appeal to the Planning and Environment Court
against the Council's decision to refuse the application was
returned to the Planning and Environment Court for a second time
for re-hearing. Without putting too fine a point on it, this
appears to be a case in which the proponent won on the merits, but
lost on the law
