In Leeward Management Pty Ltd v Sunshine Coast Regional Council [2024] QPEC 31, the applicant sought a declaration that their application for a development approval to modify an existing residential dwelling house did not require impact assessment. The proposed changes included adding new structures above the second storey, resulting in a building height exceeding the limit specified in the Height of Buildings and Structures Overlay of the respondent’s planning scheme. The Sunshine Coast Regional Council issued an action notice, indicating the proposal required impact assessment, which the applicant contended was incorrect.
The Planning and Environment Court, presided over by Judge Cash DCJ, examined whether the change application was subject to impact assessment or code assessment as defined by relevant legislation and regulations. The Court found the local planning scheme required impact assessment due to the height change, and the applicant's arguments conflating planning approval with building work approval were rejected. Consequently, the application for a declaratory judgment was dismissed, and the Court reserved the decision on costs pending further submissions from the parties.