Court quashes development that conflicts with Planning Scheme

604-612 Redland Bay Road was proposed as a site for a petrol service station and retail outlet.

A long running legal stoush ended recently, with Queensland’s Court of Appeal quashing plans for a new petrol station and retail outlet that conflicted with Redland City Council’s planning scheme.

King of Gifts Pty Ltd proposed in 2012 to develop a new petrol service station and retail outlet in Alexandra Hills, next to the roundabout at the southern end of Redland Bay Road.

The development application was refused by Redland City Council but this decision was overturned after the developer appealed to the Planning and Environment Court.

Court says planning scheme should be complied with

In its decision published on 1 October 2021, the Court of Appeal dismissed the developer’s appeal to the Planning and Environment Court and set aside that Court’s final orders.

The Court of Appeal said that the Planning and Environment Court should not have approved a development that conflicts with Redland City’s planning scheme unless there was evidence that it was necessary for the proposed development to happen at this particular location.

King of Gifts Pty Ltd was ordered to pay Redland City Council’s cost for the latest appeal.

A media release issued by Redland City Council welcomed the decision by the Court of Appeal.

“This decision is a win for residents and for Council who has represented the community over many years in opposing this project because of its potential environmental and traffic impacts,” said Mayor Karen Williams.

Proposed project at 604-612 Redland Bay Road

An application to develop a new petrol station, retail outlet and convention centre at 604-612 Redland Bay Road was submitted in 2012 to Redland City Council by King of Gifts (Qld) Pty Ltd.

The proposed project would have allowed for southbound traffic on Redland Bay Road to enter the site. Vehicles would have been able to exit with a left turn out onto Redland Bay Road or a left turn out onto Boundary Road.

Planning scheme conflicts noted in public submissions

The proposed development was impact assessable, so public consultation was required.

20 submissions were received by Redland City Council with four short submissions supporting the proposal and 16 submissions (many of them lengthy) opposing the proposed development.

One submission objecting to the proposal was from a planning consultant acting on behalf of Sheldon College which is located approximately 400 metres from the proposed development site.

In its submission Sheldon College set out a number of planning grounds for the proposed development to be rejected, including:

• Non-compliance with the Redlands Planning Scheme
• Non-compliance with Kinross Road Structure Plan
• Lack of overriding economic need
• Impact on centres hierarchy and future development Intent

Timeline for the King of Gifts project

Year	Activity
2012	Development application (MCU012812) submitted to Redland City Council
2013	Public consultation initiated in December 2013
2014	20 submissions opposing the proposed development including Sheldon Colledge
2015	Development application refused by Redland City Council officer, under delegation
2015	Developer appeals to Planning and Environment Court
2017	Planning and Environment Court says it will allow the development
2018	Planning and Environment Court approves the development with conditions
2018	Redland City Council appeals to the Court of Appeal
2020	Court of Appeal decides that the Planning and Environment Court should reconsider
2020	Planning and Environment Court says it will still allow the development
2020	Redland City Council appeals again to the Court of Appeal
2021	Court of Appeal upholds Council’s 2015 decision to refuse the development application

Proposal for retail development at Panorama Drive

In 2015 Redland City Council received an application by Nerinda Pty Ltd to develop a large retail centre, with petrol service station, at the corner of Boundary Road and Panorama Drive.

This project was approved by Redland City Council, opposed in the Planning and Environment Court by the owners of two Victoria Point shopping centres, but got a green light in an August 2020 decision by the Court of Appeal.

In its recent decision about King of Gifts, the Court of Appeal noted the differences between the locations of the two sites and the reasons why it was appropriate for Redland City Council to approve the larger retail development in the more populated eastern section of the Kinross area.

Redlands2030 – 12 October 2021