In Homeland Property Developments Pty Ltd v Whitsunday Regional Council [2024] QPEC 30, the appellant, Homeland Property Developments Pty Ltd, challenged 34 conditions and 2 advisory notes imposed by the respondent, Whitsunday Regional Council, on a suite of development approvals for a master-planned community, 'Whitsunday Paradise.' The primary issue was whether the infrastructure conditions should be imposed under s 128 (necessary infrastructure) rather than s 145 (non-trunk infrastructure) of the Planning Act 2016.
The development approvals facilitated the staged development of a 234.7 ha site with predominantly residential uses and some retail and commercial facilities. The Council’s approval included conditions requiring Homeland to deliver water supply and sewerage infrastructure at their cost, including a 10ML water reservoir and associated pipelines.
Justice Williamson KC DCJ, in the Planning and Environment Court, investigated whether the impugned conditions could be considered as necessary infrastructure under s 128 or should remain under s 145. The Court found that s 128 did not apply, as there was no trunk infrastructure identified to service the site at the time of the application. The conditions were upheld under s 145 with required modifications for compliance, and an advisory note requiring the conditions to be identified individually was mandated. The appeal was adjourned to 20 June 2024, for review.