Read The Times Australia

Daily Bulletin

Long-running battle ends in a win for residents, koalas and local council planning rules

  • Written by: Philippa England, Senior Lecturer, Griffith Law School, Griffith University

Gold Coast City Council has won a four-year legal battle with Boral Resources, with the courts upholding the council’s refusal to approve a proposed quarry because of its impacts on the amenity of local residents – including the area’s koalas. In some rare good news for local government in Queensland, which has been under a cloud lately, the Court of Appeal’s decision confirms that councils are entitled to rely on their own planning schemes when deciding on local development applications. Even though Boral had secured approvals from the Commonwealth and Queensland governments, the Queensland Court of Appeal has upheld the council’s decision to refuse Boral’s application to develop a quarry.

A quarry quarrel

The council took on Boral and won after a four-year battle. In May 2014, Boral Resources had applied to the council for a permit to develop a quarry over 65 hectares of land at Reedy Creek, west of Palm Beach. State planning instruments had identified this land as a key resource area of state significance. For Boral, the quarry would generate hard rock and overburden worth A$1.4-1.5 billion.

In January 2014, the federal environment minister, acting under the Environment Protection and Biodiversity Conservation Act 1999, approved the development. In July 2014, Queensland’s Department of Environment and Heritage Protection did likewise.

All that remained was council’s consent. But, even though its own planning officer recommended approving the development, on July 11 2014, the council refused Boral’s application. When the local protest is loud enough and big enough – 4,200 objections were received – then even the Gold Coast Council will hear!

Long-running battle ends in a win for residents, koalas and local council planning rules Residents’ opposition to the quarry development was organised, loud and ultimately, after several years, successful. Stop the Gold Coast Quarry/Facebook

Not surprisingly, Boral immediately appealed that decision to the Planning and Environment Court. The court had to balance numerous competing interests to re-decide the merits of the case.

To some extent, the economic arguments were on Boral’s side. If the proposal did not proceed, competition could be reduced and the additional costs to the community could be around A$240 million over the life of the quarry, as even the Court of Appeal later accepted.

On the other side of the equation, the development would have adverse impacts on the amenity of nearby residents. These included creating ugly views and generating noise and dust by introducing an extra 450 haulage truck movements per day on local roads.

Judge Richard Jones decided the balance favoured refusing the application, confirming the council’s refusal.

Now the Court of Appeal has upheld that decision. The council, local residents and koalas have won the day.

The case also raises some points of more general planning interest. These relate to:

  • the respective roles of state and local planning instruments

  • whether profitable economic development may legitimately be delayed to another day

  • whether protecting koalas requires protecting their habitat as well.

State versus local planning instruments

In Queensland, the state planning policy identifies 16 state interests arranged under five broad themes. No one state interest is given priority over the others.

The Court of Appeal’s decision confirms it is the rightful business of local governments to balance and resolve competing state interests at the local level in their own planning schemes. Notwithstanding the site’s designation as a key resource area in state planning policy, the council had acted lawfully in relying on its own planning instruments to decide that adverse environmental and amenity impacts justified refusing the application.

Should good economic development be postponed?

Despite refusing the application, the judge conceded the resource should be protected for future exploitation when appropriate.

Boral argued this was an “irrational decision”. How would the amenity of residents and the survival of koalas be any less of concern in the future if they were so important even now? In Boral’s view, if this was a valuable economic resource (and everyone agreed it was), development now was the only sensible decision.

The Court of Appeal paid short shrift to this notion. It held that although the local planning instruments currently prevailed against an approval, amendments to these over time might alter the balance in favour of development. Local government, once again, is in the driving seat.

Do koalas need their trees?

Koalas are a recognised matter of environmental significance at Commonwealth and state levels. Developing the quarry would involve, over time, clearing 30,000 trees, including 23,000 koala habitat trees. The Planning and Environment Court judge recognised this would have an adverse impact in relation to a matter of environmental significance.

Boral had, like every other developer, argued conservation efforts at other sites (imposed as offsets) could produce a better outcome overall for koalas in southeast Queensland. The court dismissed this claim because the local planning scheme specified matters of environmental significance should be protected in situ.

Not to be defeated, Boral argued the judge confused koalas (a recognised matter of environmental significance) with koala habitat (of no particular status in this case). The Court of Appeal denounced this logic:

It cannot seriously be disputed that to destroy its habitat is to fail to conserve and protect it as a listed threatened species.

What are the broader planning implications?

The Boral litigation explores some really interesting principles for planning law and local governments.

Let’s just imagine, for a moment, a land use planning world where state planning policy is always applied with reference to the affected community’s vision for its neighbourhood; where councils regularly protect habitat for endangered species; and where, just occasionally, the drive for ever more resource development gives way to a holistic view of sustainable development … oh, what a different world that would be!

Authors: Philippa England, Senior Lecturer, Griffith Law School, Griffith University

Read more http://theconversation.com/long-running-battle-ends-in-a-win-for-residents-koalas-and-local-council-planning-rules-96263

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...

How to Choose a Reliable Hot Water System Installer on the Gold Coast

Choosing a reliable installer is just as important as choosing the right hot water system. A qualifi...

How Microtask Platforms Support Modern Digital Promotion

Digital promotion has become increasingly complex. Businesses communicate with customers through w...

Cosmetic Dentistry Options From a Brisbane-Based Dental Team

You cover your mouth when you laugh. You skip the group photo. Maybe you edit pictures to soften a...