Westlink Pty Ltd atf Westlink Industrial Trust v Lockyer Valley Regional Council

COURT OR TRIBUNAL

Queensland Planning and Environment Court

DATE FILED (OR FIRST HEARING DATE)

03/06/2013

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Other

REVIEW TYPE

Merits review

SUMMARY

This matter concerned an appeal against a Council decision to refuse Westlink a material change of use (MCU') of a site just north of Gatton, so that a gas-fire power station could be developed, and brought on stream at short notice, in times of peak demand. A series of issues were highlighted in the refusal by Council, including concerns related to vulnerability of the development to bushfires, community concerns over affected amenities, questions as to whether such a station was needed, and possible conflicts with relevant planning schemes. The Court held that whilst there was a conflict with planning overlays, this conflict was no so serious as to justify a refusal of the permit. Further, the Court upheld that argument made by Westlink that there was need for development of energy infrastructure, to meet peak demand in South-East Queensland. Finally, the Court held that appropriate conditions could be attached to the proposal to mitigate against bushfire risk.

CASE DOCUMENTS

Westlink Pty Ltd atf Westlink Industrial Trust v Lockyer Valley Regional Council [2013] QPEC 35