In North Harbour Holdings Pty Ltd v Moreton Bay Regional Council & Anor [2024] QPEC 21, the Court found in favour of approving the development application submitted by Lancorp Pty Ltd for a new local centre in the Burpengary East area, subject to conditions. The development is intended to provide essential convenience shopping and community facilities, addressing a latent unsatisfied demand in the locality.
Despite some non-compliance with assessment benchmarks and proximity considerations to The Hub Convenience Centre, the Court concluded that the benefits of providing a full-line supermarket and associated services outweigh potential detrimental impacts. Specifically, the development will enhance the well-being of the community by improving access to essential services without causing unacceptable impacts on amenity or character. Consequently, the Court plans to replace the Council's decision with one that approves the development application, subject to amendments reflective of certain conditions. The process for finalizing the conditions of approval includes the preparation of a draft judgment by the Council, provision of the draft to all parties, and the possibility for parties to contend aspects of the draft judgment or conditions. The appeal has been adjourned for a further hearing on 5 June 2024, with specific procedural steps and deadlines outlined for the submission of arguments and evidence by the parties.