In McEnearney v Council of the City of Gold Coast & Anor [2024] QPEC 32, the Planning and Environment Court of Queensland dismissed an appeal by Sue-Maree McEnearney against a decision by the Council of the City of Gold Coast to approve a change to a development proposal. The original development permit, granted in 2014, allowed for a mixed-use site comprising high-rise buildings. The Co-Respondent, Ridge Properties Pty Ltd, sought modifications including increased building heights and additional units, which the Appellant opposed, citing concerns about community expectations, character, height, and amenity impacts, among others.
The Court assessed the appeal in the context of the existing development approval, which already exceeded the heights and densities designated in the current City Plan. It found that the proposed changes, although non-compliant with the Building height overlay map, were consistent with the emerging and intended character of the area, did not result in unacceptable impacts on visual amenity or privacy, and offered significant benefits, such as enhanced architectural quality and better alignment with market demands. As such, the appeal was dismissed, and the Council's decision to approve the changes was upheld.