In the legal case of Middle Pond Pty Ltd v Whitsunday Regional Council & Ors [2024] QPEC 45, the Planning and Environment Court of Queensland dealt with Middle Pond Pty Ltd's appeal against the Whitsunday Regional Council's decision, which refused a development application for a self-storage facility proposed in a Low-medium density residential zone. The proposed facility was challenged for its inconsistency with residential zonal planning policies and its potential negative impact on the local character and amenity. The Court evaluated whether the proposed facility aligned with planning goals and if there was a need for it, considering existing supply and demand and recent approvals of other self-storage facilities. Ultimately, the Court found significant non-compliances with the relevant planning codes and rules, particularly regarding visual impact, scale, and the nature of non-residential use in the zone. The Court dismissed the appeal concerning the self-storage facility, upholding the Council's decision to refuse the development application, but scheduled further proceedings related to other aspects of the appeal on 19 November 2024.
Full text: https://www.sclqld.org.au/caselaw/150340