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ARTICLE · 12 JUNE 2018

Development approved despite being in conflict with Maroochy Plan 2000

Colin Biggers & Paisley
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Development approved due to need for a shopping complex and the fact that Maroochydore Centre was already congested.

AustraliaReal Estate and Construction
Ian Wright
Ian Wright
Nadia Czachor
Nadia Czachor

IN BRIEF

The case of Harvest Investment Co (No 2) Pty Ltd v Sunshine Coast Regional Council & Ors [2017] QPEC 61 concerned an appeal by the applicant for a development permit for a material change of use for a shopping complex against the decision of the Council to refuse the application on the basis that the proposed development at 141 Jones Road, Buderim was in serious conflict with the former Maroochy Plan 2000.

In ultimately finding in favour of the Appellant, the Court considered the following:

  • whether the proposed development conflicted with the Maroochy Plan 2000;
  • whether the proposed development resulted in unacceptable character and visual amenity impacts;
  • the clear economic and community need for the proposed development; and

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