The case Kenfrost (1987) Pty Ltd v CRC & Ors [2024] QPEC 15 highlights the intricate balance the Planning and Environment Court of Queensland must maintain in adjudicating development appeals. The refusal of Kenfrost (1987) Pty Ltd's development application by the Cairns Regional Council, which was subsequently appealed, underscores the court's stringent adherence to the planning framework, notably the assessment benchmarks under CairnsPlan, and the overarching principles of the Planning Act 2016. Central to the court's decision was the proposed development's significant deviation from planning benchmarks, particularly in relation to its impact on agricultural land, flood immunity, landscape values, and the existing rural character of the designated area. The court's thorough examination of the "relevant matters" illustrates the complexity of reconciling developmental aspirations with legislative mandates and community expectations. Furthermore, the dismissal accentuates the pivotal role of planning schemes as embodiments of the public interest, guiding sustainable and orderly development that aligns with the strategic intent for community well-being and environmental stewardship. This case reaffirms the legal and planning principle that development proposals, irrespective of their purported benefits, must squarely fit within the established planning framework and convincingly advance the public interest to gain approval.
Kenfrost (1987) Pty Ltd v CRC & Ors [2024] QPEC 15
Updated: Apr 16, 2024