NL Varsity Nominees Pty Ltd v Gold Coast City Council

COURT OR TRIBUNAL

Queensland Planning and Environment Court

DATE FILED (OR FIRST HEARING DATE)

04/08/2020

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

REAL PROPERTY – RETIREMENT VILLAGES

Where the respondent has refused the appellants development application for a retirement village – whether the proposed development will expose older individuals to an unacceptable risk of flooding – whether the development will cause a need for medical evacuations of residents during flood events – whether there is an economic and community need for the development

ENVIRONMENT AND PLANNING – BULDING CONTROL – COUNCIL CONSENT AND APPROVAL – MATTERS FOR CONSIDERATION BY COUNCIL – ACCESS

Where the respondent has refused an application concerning the appellants property development – where the respondents refusal centres on the fact that the proposed land is flood affected – whether the design of the development are appropriate to manage the flood risk – whether the proposed management measures are appropriate to manage the flood risk – whether the development is incompatible with the level of flood hazard

CASE DOCUMENTS

NL Varsity Nominees Pty Ltd v Gold Coast City Council [2022] QPEC 29