The assessment of the degree of conflict between a proposed development and a planning scheme is a question of fact, not law, and is not amenable to appeal under s 4.1.56 of the Integrated Planning Act 1997 (Qld). Where a planning scheme is expressed in general and flexible terms, the location of a development in a precinct other than the one expressing a preference for that use does not give rise to an inevitable conflict as a matter of legal construction. Overall purposes of a planning scheme should be given priority over precinct-level categorisation of use.
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