Sunland Group Limited v Gold Coast City Council [2021] HCA 35

HIGH COURT OF AUSTRALIA

KIEFEL CJ,

KEANE, GORDON, STEWARD AND GLEESON JJ

SUNLAND GROUP LIMITED & ANOR APPELLANTS

AND

GOLD COAST CITY COUNCIL RESPONDENT

Sunland Group Limited v Gold Coast City Council

[2021] HCA 35

Date of Hearing: 5 August 2021

Date of Judgment: 10 November 2021

B64/2020

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Queensland

Representation

S L Doyle QC with S J Webster and C M Doyle for the appellants (instructed by Holding Redlich)

G J Gibson QC with M J Batty and A G Psaltis for the respondent (instructed by HopgoodGanim Lawyers)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Sunland Group Limited v Gold Coast City Council

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.