Event and Time
Event Description
An application for a permit to develop a Coles supermarket shopping center at Smithfield was rejected by the Cairns Regional Council. The developers appealed to the Planning and Environment Court, where their appeal was dismissed, leading them to seek leave to appeal the decision to a higher court.
Application and Claims
- Developers sought to prove a "need" for the proposed supermarket development.
- Caused by the recent approval of a competing Woolworths supermarket at a nearby location, which played a critical role in the assessment of need.
- Disagreeing with the Council's decision, the developers argued for the relevance of potential future needs and compliance with the CairnsPlan.
Judicial Decisions
- The Planning and Environment Court found that the developers failed to demonstrate the required need for their proposed supermarket, based on geographical assessments and economic evidence.
- The learned primary judge did not find a rooted need for the proposed development during the assessment benchmark period, leading to a dismissal of the developers’ appeal.
Dispute Points and Legal Basis
Dispute Points
- Developers:
- Argued that the primary judge erred in concluding there was no need for the development until after the benchmark period. - Contended that compliance with the benchmarks could have been achieved through conditions.
- Council:
- Supported the primary judge's findings that existing supermarkets sufficiently served the community's needs.
- Factual Evidence:
- Economic assessments presented diverging opinions from two economists— one forecasting a need by 2026 and the other by 2031. - The judge acknowledged expert evidence and found the impact of existing supermarkets and the location of the new Woolworths affected the need assessment.