Rainbow Shores P/L v Gympie Regional Council

COURT OR TRIBUNAL

Queensland Planning and Environment Court

DATE FILED (OR FIRST HEARING DATE)

16/01/2012

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

The appeal concerned a proposed resort and residential development at Rainbow Beach, on the Cooloola Coast. The existing permanent and tourist populations of the region were modest. The development envisaged future growth and development, including more than doubling the proposed numbers of tourists and permanent residents at various sites. The original permit application was rejected, on the basis of perceived environmental impact, forming the basis of this appeal. A summarised list of the issues for appeal included: concerns for flora and fauna biodiversity, coast processes, erosion and storm surge concerns, bushfire management, and waste water reuse and ground water contamination, among other concerns less directly linked to environmental impact and climate change. Ultimately the Court dismissed the appeal, finding that whilst the bushfire and water issues did not warrant such a refusal, the adverse impact on flora and fauna biodiversity, and lack of sufficient economic, community and planning need meant that the applicant had not discharged their onus of proof required to overturn the original decision.

CASE DOCUMENTS

Rainbow Shores P/L v Gympie Regional Council [2013] QPEC 26