McCullough Robertson successfully acted for Cairns Regional Council in the Planning and Environment Court, and the Court of Appeal in defence of Council’s refusal of a development application made by Trinity Park Investments (TPI) for a shopping centre at Smithfield.

The key issue in dispute was whether there was an economic and community need for the development (especially as Council had already approved a development for a shopping centre, childcare centre, service station and food outlet at nearby Trinity Beach).

His Honour Judge Everson dismissed the appeal, finding that there was no need for an additional shopping centre in the area, and therefore the proposed application did not align with an essential component of the Planning Scheme.

TPI sought leave to appeal in the Queensland Court of Appeal. On 16 December 2022, the Court of Appeal handed down its judgment. Leave to appeal was refused, with costs awarded in favour of Council.

This was a complex planning appeal that was interrelated to another planning appeal.