Planning in South West Victoria Point

In October 2018, following the commencement of the Redland City Plan, Council commenced the preparation of a local plan for a future urban community in southwest Victoria Point. The local plan area is approximately 175 hectares and is situated between Bunker Road and Brendan Way in the north, Clay Gully Road and Cleveland-Redland Bay Road in the east, Double Jump Road in the south and Little Eprapah Creek in the west.

The local plan area was included in the Emerging community zone of the Redland City Plan 2018 (City Plan) and the Urban Footprint of the South East Queensland Regional Plan (Shaping SEQ), recognising its suitability for development as a new community following detailed local planning.

The purpose of local planning is to ensure the development of the new community delivers a well-planned, attractive and walkable urban community with a range of infrastructure networks to service the new and wider community into the future.

Local Plan Making Process

The Council report on 10 October 2018 (see here) outlined a nine stage process to complete the local plan and incorporate it into City Plan (see key project stage graphic).

In the Council report, an indicative timeline was proposed indicating stages 1 – 5 would be completed by the end of March 2019. Council prepared and endorsed a draft local plan following completion of the stages in November 2019.

Under statutory planning requirements prescribed in the State Government's Planning Act 2016, Council submitted the draft South West Victoria Point Local Plan (draft local plan) to the State Government in November 2019 for its State Interest Review (SIR) and Ministerial approval to proceed to public consultation.

The purpose of the SIR is to ensure that the draft local plan is consistent with the State Planning Policy.

Development Applications within the Local Plan Area

Since 2015, Council has received several 'properly made' development applications over sites within the local plan area. It is important to note that the statutory planning framework does not prohibit the lodgment of development applications before the finalisation of a local plan. Council must accept development applications which are properly made and commence its assessment, in accordance with legislative requirements.

As Council did not decide on these development applications within the statutory timeframe, an applicant is entitled to file an appeal in the Planning and Environment Court (the P & E Court), which is known as a deemed refusal appeal. Seven (7) of the development applications lodged within the local plan area have resulted in a deemed refusal appeal in the P & E Court.

A link to a summary list of development applications currently under appeal or subject to recent Judgments in the P & E Court can be viewed via the e-Court links on this page.

In a planning appeal, the P & E Court 'stands in the shoes of Council' as the assessment manager with legislation and rules relating to the planning appeal process and how appeals are heard. Appeals in the P & E Court are based on expert evidence prepared on behalf of the parties nominated in the appeal.

In each of the appeals listed above Council appointed a team of experts to act on its behalf. This includes experts in a number of disciplines including town planning, ecology, infrastructure, engineering, traffic engineering and storm water to defend its position in the appeals. The experts appointed by Council are bound by the statutory planning framework and the P & E Court rules and are there to assist the Court in making its decision on the appeal.

While the process has commenced, the draft Local Plan remains at an early stage of preparation. In the appeal process, Council’s position is that the draft Local Plan is a ‘relevant matter’ in the decision making process as it is underpinned by robust technical analysis that seeks to achieve good planning outcomes for the community in the public interest. These planning outcomes are supported by its relevant experts.

The appeal process is separate from the local plan-making process, and the two continue to run concurrently.

To date, Judgments have been handed down approving three (3) of the development applications under appeal. The remaining appeals remain still to be heard in the P & E Court The three (3) Court Judgments relate to the following appeals:

• PPV Pty Ltd v Redland City Council & Anor (Appeal Reference: 4300/2019) - Preliminary Approval (Variation Request) to Vary the Effects of the Local Planning Instrument for a Material Change of Use for a Retirement Facility & Relocatable Home Park at 673-685 Redland Bay Road Victoria Point (Council Ref: MCU19/0001).
• Sutgold Pty Ltd v Redland City Council & Anor (Appeal Reference: 3829/2019) – Development Permit for Residential Subdivision (8 Lots into 176 Lots) at 72 Double Jump Road (Council Reference ROL006166).
• Clay Gully Pty Ltd v Redland City Council & Anor (Appeal Reference: 566/2020) – Development Permit for Standard Format 3 into 289 Lots at 39 Brendan Way (ROL005912).

The appeal Judgments are generally consistent with the draft Local Plan and the planning outcomes Council is seeking to achieve on behalf of the community and public interest.

The Judgments can be viewed via the e-Court links on this page.

Operational Works Approval

Operational works approval is the process that authorises the development works to commence on the site. Following the Court Judgement for the Appeal 566 of 2020, Council as the assessment manager, approved an operational works development permit on 22 April 2021 for excavation and fill - bulk earthworks (Council reference: OPW20/0127), authorising development works to commence on the site.

The development permit can be viewed via the following link.