In the case of Glen Machado & Ors v Council of the City of Gold Coast [2024] QPEC 22, the Planning and Environment Court of Queensland presided over appeals against the refusal of development permits for dual occupancy uses within low-density residential zones. Judge Everson dismissed the appeals, emphasizing that the proposed developments did not comply with the planning scheme's requirements concerning dual occupancy uses, particularly regarding their location, density, and impact on neighbourhood amenity and character. The court examined the balance between promoting housing diversity and maintaining the low-density, residential nature of neighbourhoods, ultimately finding that the proposed developments would result in poor planning outcomes inconsistent with the strategic aims of the locality's planning framework.
From the TLDR Caselaw Archive