Under s 326(1)(b) of the Sustainable Planning Act 2009 (Qld), evidence of need for a development within a broader trade area is insufficient to justify approval of a development that conflicts with a planning scheme at a specific location. An applicant must establish that there is a need for the development at the specific location where the planning scheme provides it should not occur, which requires evidence that the need cannot be met at a different, more suitably zoned location within the trade area. Evidence that a site possesses attributes making it suitable for the development does not suffice unless those attributes are shown to be peculiar to that location or unavailable at more suitably zoned alternatives.
The full text is available to signed-in members, including the 1 later case that cites this judgment.