Sunland Group Limited & Anor v. Gold Coast City Council

Lower Court Judgment

01/05/2020 Supreme Court of Queensland (Court of Appeal) (Sofronoff P, Philippides and McMurdo JJA)

[2020] QCA 89

Catchwords

Administrative law – Planning and environment – Development approvals – Where in 2015 second applicant bought parcel of undeveloped land which carried with it benefit of preliminary development approval granted in 2007 – Where preliminary approval approved multi-stage residential development subject to 56 conditions – Where some conditions provided for payment of infrastructure contributions to respondent – Where preliminary approval made under Integrated Planning Act 1997 (Qld) – Where Integrated Planning Act replaced by other legislation – Whether conditions concerning infrastructure contributions, properly construed, should be read as binding on applicant or landowner, or merely as statements as to scope of future possible conditions – Whether, in construction of conditions, contra proferentem rule applies so that ambiguities are to be resolved against approving authority.