P&E Court finds no reasonable requirement for imposing conditions on a development approval

IN BRIEF

The case of Wust v Moreton Bay Regional Council [2017] QPEC 27 concerned an appeal to the Planning and Environment Court against the Council's deemed refusal of a development application for a material change of use for a multiple dwelling on land located at 165 - 169 Caboolture River Road, Morayfield.

Whilst the Council agreed that the appeal should be allowed and a development permit be granted, the parties remained in dispute over two conditions requiring the reorientation of the dwellings and the provision of a pedestrian connection at the rear of the development.

Town planning experts for both parties disagreed as to whether the application was in conflict with the relevant planning schemes. Ultimately, the Court found that the disputed conditions were not required and that the application would not conflict with the planning scheme in the absence of the conditions.