Accommodation Short-Fall in Central Queensland

Accommodation Short-Fall in Central Queensland

Accommodation Short-Fall in Central Queensland

Judgement a positive step towards rectifying accommodation short fall in Central Queensland

Arnold Development Consultants’ (ADC’s) Central Queensland office is in frequent receipt of enquiries regarding the potential to develop land in redress of the shortage of accommodation in the region stemming from the resources boom. The problem is typically the primitive state of planning schemes in the region and the inability to rely on the prescribed outcomes from these scheme as a means of adequately rectifying the short-fall of residential accommodation. A case recently reported by Michael Walton of Norton Rose makes for very interesting reading in this regard: Morris Corporation Pty Ltd v Whitsundays Regional Council (judgement 30 September 2011).

The case involved a proposal for housing development (miner’s accommodation) on rural-zoned land despite the planning scheme suggesting it is inconsistent development. Point number three of the report on the judgement makes for very interesting reading:

“While the use was not a “rural purpose” and therefore it was “inconsistent” in the Rural Zone, that inconsistency was to be measured against the use being an essential component of the mining industry, which was an activity contemplated in the Rural Zone”

ADC believes this judgement is a positive step in the process of beginning to redress the accommodation short-fall in the region – hopefully local Council’s are aware of this judgement and begin to apply the ratio to deliberations on application of this nature.

ADC are here in Central Queensland to assist with any development enquiries you might have.

Andrew Magoffin
Director of Planning
Arnold Development Consultants