Past Court Cases · Nature & the Reef

Wellington Point planning appeal

05 June, 2002

EDO Qld acted for Wildlife Preservation Society of Queensland Bayside Branch (WPSQ Bayside) in a successful case that prevented a residential estate being built on koala habitat beside a wetland at Wellington Point. Wildlife Bayside joined as a co-respondent to the developer’s appeal. Joining as a co-respondent provides the opportunity for a community group to present evidence to the Court and keep pressure on the respondent (the local government in this case) to run a strong case.

Stariha v Redland Shire Council & WPSQ Bayside [2002] QPEC 39

Read the full judgment.

WPSQ Bayside joined the Redland Shire Council in resisting the appeal by developer Stariha of the Council’s refusal of their development proposal.

The proposal was for development of close to 20 hectares of land covering 144 lots, including some for multiple dwellings. The appeal was heard over six days in the Planning and Environment Court under the Integrated Planning Act 1997.

Expert evidence provided by WPSQ Bayside and the Council demonstrated that the proposed residential estate would have detrimental impacts on the onsite koala habitat and the adjacent significant wetland.

Judge Wilson determined that the proposed development would adversely affect the “valuable” koala habitat of the site and conflicted with the Council’s Strategic Plan and State Planning Policy No. 1 of 1997 (Conservation of Koalas in the Koala Coast). He dismissed the appeal.

Environmental Defenders Office Queensland (EDO Qld) gives a strong legal voice to the environment when needed most.

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