In Banner S&C (Logan Village) Pty Ltd v Logan City Council & Anor [2024] QPEC 29, the Planning and Environment Court of Queensland, presided over by Judge McDonnell DCJ, dismissed an appeal from the Appellant, Banner S&C (Logan Village) Pty Ltd, against Logan City Council's decision to refuse a development application. The Appellant sought approval for a Car Wash, two Food and Drink Outlets, and a Low Impact Industry (tyre fitting and repairs) on land currently improved by a service station and food and drink outlet. The court examined multiple factors including the weight of a planning scheme amendment, the compatibility of the proposed development with the non-urban character of the area, and the supposed community need for the additional facilities.
Despite the Appellant's arguments about the convenience and co-location benefits of the new facilities, the court found that the proposed development was not in alignment with the intended rural residential visual amenity and character. It was also determined that the need for the development could be met on appropriately zoned land elsewhere. Moreover, the built form of the proposed development was found to dominate and be incompatible with the non-urban character of the site. Consequently, the appeal was dismissed and the original decision to refuse the development application was confirmed.