In the recent decision of Body Corporate for Surfers
International Community Titles Scheme 12247 and Gold Coast City
Council & Anor [2016] QPEC 29, the Court declared that the
Council's decision to approve a development application for
apartments and other retail uses was invalid and of no effect,
because it should have been subject to impact assessment, not code
assessment.
The case turned on whether the development proposed
"apartments" within the building's podium because the
development involved a recreation deck on the roof of the podium.
The decision, based on a technical characterisation of the
apartment "use", sits uncomfortably with a long line of
cases in the Planning and Environment Court that emphasise planning
schemes should not be construed in an overly technical manner and
that a purposive approach is preferred. A purposive approach
involves asking why impact assessment is required where development
involves "apartments" within a podium.
