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ARTICLE · 05 APRIL 2018

Proposed residential development in floodplain conflicts with planning scheme and lacks sufficient grounds to justify an approval

Colin Biggers & Paisley
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The Court found that there were not sufficient grounds to justify an approval of the proposed residential development.

AustraliaReal Estate and Construction
Ronald Yuen (Formerly With Colin Biggers & Paisley)
Ronald Yuen (Formerly With Colin Biggers & Paisley)
Ian Wright
Ian Wright

IN BRIEF

The case of Reibel Farms Pty Ltd v Whitsunday Regional Council [2016] QPEC 44 concerned an appeal in the Planning and Environment Court commenced by Reibel Farms against the decision of the Whitsunday Regional Council to refuse a development application for a preliminary approval to which section 3.1.6 of the Integrated Planning Act 1997 applies for residential development.

The site the subject of the appeal was located in Bowen and subject to significant constraints in respect of flooding, which arose from a depression and drainage channel which bisected the land. The Court determined that "there is a potential for a flooding event that makes the proposed development untenable" and that no proposed mitigation measures before the Court would overcome this issue.

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