Under s 326(1)(b) of the Sustainable Planning Act 2009 (Qld), any consideration of whether there are sufficient grounds to justify a development approval that conflicts with a planning scheme must proceed on the premise that the planning scheme embodies the public interest, and departure is justified only in exceptional circumstances such as changed circumstances, factual error in the scheme, or unanticipated needs. A broad balancing exercise of positive and negative attributes of a development is not the correct approach. Where a planning scheme requires demonstration of 'community need and economic need for the development' to justify exceeding height limits, the decision-maker must consider whether there is a need for a development of the particular height proposed, not merely whether the development would address or enhance community wellbeing.
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