Local governments can change the form of infrastructure after approving a conversion application

In brief

The case of The Avenues Highfields Pty Ltd v Toowoomba Regional Council [2017] QPEC 48 concerned the following two proceedings and corresponding issues:

• Originating Application – where a decision is made to convert non-trunk infrastructure to trunk infrastructure, does section 662(3) of the Sustainable Planning Act 2009 (SPA) give the Council the discretion to impose a necessary infrastructure condition that changes the form of the development infrastructure?
• Appeal – do the circumstances warrant approving the conversion of the non-trunk infrastructure to trunk infrastructure?

The Court ultimately found as follows:

• in respect of section 662(3) of the SPA, there is no requirement that the Council impose a necessary infrastructure condition on the same, or substantially the same, terms as the original condition requiring non-trunk infrastructure; and