Client results

Room2Move
Court grants extension application for workers accommodation

McCullough Robertson represented Room2Move, the appellant in the first case before the Queensland Planning and Environment Court to consider extension applications to development approvals under the new Planning Act 2016 (Qld).

Room2Move held a development permit to construct a non-residential workforce accommodation camp at Miles, within Queensland’s Western Downs Regional Council local government area. The approval was originally granted in 2013 and was due to expire on 15 April 2018. Room2Move applied to Council for a 12 month extension of the development approval on 13 April 2018 to allow for time to conclude construction of the camp and commence the use. This extension was refused by the Council and Room2Move appealed the decision to the Planning and Environment Court.

The Appellant argued that the wording of the new test (contained in section 87 of the Planning Act) was extremely broad, and allowed evidence beyond what would ordinarily be accepted in a matter before the Planning and Environment Court on an appeal involving a development application.

The Court accepted the submissions of the Appellant, and accepted the Appellant’s evidence on the planning intent treatment of the area, the economic need for the development and the personal circumstances of the developer.

Room2Move was granted the extension and in so doing, the Court established a new precedent on the parameters of deciding extension applications under the Planning Act.