Sunland Group Limited v Gold Coast City Council

HIGH COURT OF AUSTRALIAKIEFEL CJ,KEANE, GORDON, STEWARD AND GLEESON JJSUNLAND GROUP LIMITED & ANOR  APPELLANTSANDGOLD COAST CITY COUNCIL  RESPONDENTSunland Group Limited v Gold Coast City Council[2021] HCA 35Date of Hearing: 5 August 2021Date of Judgment: 10 November 2021B64/2020ORDERAppeal dismissed with costs.  On appeal from the Supreme Court of QueenslandRepresentationS 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.CATCHWORDSSunland Group Limited v Gold Coast City CouncilLocal 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...