Sunland Group Limited v Gold Coast City Council [2021] HCA 35 (10 November 2021) (Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ)


Catchwords:


Local government – Town planning – Development approvals – Where second appellant purchased undeveloped parcel of land in 2015 – Where preliminary approval granted in 2007 for development project pursuant to Integrated Planning Act 1997 (Qld) – Where preliminary approval contained “conditions” regarding payment of infrastructure contributions by developers to respondent Council – Where development permits granted in 2016 – Where Integrated Planning Act introduced new regime permitting local governments to levy infrastructure charges by notice – Where s 6.1.31(2)(c) of Integrated Planning Act preserved as interim measure existing regime of imposing condition on development approval requiring infrastructure contributions – Where new regime maintained by Sustainable Planning Act 2009 (Qld) and Planning Act 2016 (Qld) – Where respondent Council issued infrastructure charges notices in accordance with new regime following issue of development permits – Whether conditions in preliminary approval imposed liability to pay infrastructure contributions – Whether conditions proper exercise of power in s 6.1.31(2)(c) of Integrated Planning Act.

Words and phrases – “conditions”, “development approval”, “development permit”, “future liability”, “infrastructure charges”, “infrastructure contributions”, “notice alerting the developer to the Council’s future intentions”, “preliminary approval”.