BGM Court win for Shopping Centre Proposal
McCullough Robertson acted for the ultimately successful party BGM in 2 merits appeals in the Queensland Planning and Environment Court, between two competing shopping centre proposals on nearly adjoining sites in Narangba in Queensland.
There were a number of proceedings including a challenge to the validly of the approval granted to BGM brought by the commercial competitor (which we won), then the 2 merits appeals that involved weighing the benefits and impacts of the respective proposed centres to determine which was permitted to proceed.
The economic needs evidence showed only one shopping centre was viable to proceed. The competing shopping centre went through at least five significant changes during the course of the appeals in an effort to address issues raised, and this added costs and delay to the process but ultimately was insufficient to justify an approval of that centre, which had originally been refused by Council.
In the Appeals, McCullough Robertson had expert witnesses in eight separate disciplines and a three person barrister team of a QC, and two experienced juniors.
Following the Court win we successfully acted in a further contested hearing regarding the final conditions of the approval including currency period and the extent of trunk infrastructure to be provided.