In the Planning and Environment Court of Queensland case, S & S No. 4 Pty Ltd v Council of the City of Gold Coast & Ors [2024] QPEC 42, the appellant S & S No. 4 Pty Ltd contested the Council's refusal of a development application for an 18-storey mixed-use project in Palm Beach's Centre zone. The primary reasons for the refusal included the development's height exceeding the prescribed limit and potential traffic safety impacts. The court considered whether the development complied with provisions in the planning scheme that allowed for increased building height under certain conditions, such as reinforcing local identity and managing the impact on nearby development. Upon review, the court determined that the proposed development met the requirements for higher building height, including having a well-managed impact on the neighbourhood and contributing to the locale's character. The appeal was adjourned for further review, with orders for a draft conditions package to be prepared by the Council, indicating a nuanced resolution to ensure compliance with planning strategies and standards.
Full text: https://www.sclqld.org.au/caselaw/149059