In the case of Stockwell Development Group Pty Ltd v Bundaberg Regional Council & Anor [2024] QPEC 44, the appellant, Stockwell Development Group Pty Ltd, contested the approval granted to Bluepoint Bargara Pty Ltd by the Bundaberg Regional Council for a supermarket-based shopping centre in the Local centre zone at Rifle Range Road, Bargara. The issue revolved around whether the full-line supermarket was appropriately sited at the proposed development in light of the projected economic need and the planned activity centre network within the region. Evidence demonstrated a clear economic and community need for additional supermarket services, and experts opined such a development could meet local needs without adversely impacting amenities. The Court found the appellant's development application lacking tenant interest for a comparable supermarket, questioning its viability in the short-to-medium term. Ultimately, the Court allowed the appeal in part, approving Bluepoint Bargara Pty Ltd’s development application, subject to modified conditions, aligning with the strategic planning intent for the region.
Full text: https://www.sclqld.org.au/caselaw/149945