Under ss 45 and 60 of the Planning Act 2016 (Qld), the decision-maker undertakes a balancing exercise rather than the former two-step test requiring public interest to 'override' the planning scheme. Planning need is not necessarily limited to the need for the proposed development on a particular site only; it may extend to a planning need for that type of development that would be appropriately satisfied by the development on that site. The term 'local community' in a zone code must be interpreted by reference to the context and purpose of the planning scheme, and where the zone code refers to 'local community' in the context of non-residential uses, it refers to the community in the locality of the development, not the broader regional area.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.