INSIDE STORY: Pro-nine played a risky tactical game on Jewel

Minister: 'Where a development is consistent with the planning scheme, and does not contradict state interests, there is generally no legal basis to call it in'

ENVIRONMENTAL PROECTION: Mayor Jack Dempsey has written to Planning Minister Cameron Dick, who may call in the development. Picture: TAHLIA STEHBENS

BUNDABERG Mayor Jack Dempsey has written to State Development Minister Cameron Dick explaining why his council moved through the "deemed approval" process for the controversial Jewel high-rise.

Cr Dempsey has highlighted the conditions that, through the deemed approval, have now been attached to the application and are designed to protect the environment.

Earlier this week Mr Dick described council's actions as "unusual" and pointed out that the deemed approval process was in place to ensure councils made timely decisions.

The NewsMail understands taking the project to a deemed approval was a politically risky, but deliberate tactical ploy.

With no decision made at the meeting, the plan could have backfired if CEO Steve Johnston backed the town planner's recommendation.

Since the minister's public comments earlier this week, questions have been asked about why an alternate motion was not tabled at the council meeting when pro-nine storey councillors had the numbers to pass it.

It is unclear in the complex planning environment whether the code assessable nature of the development would have seen the minister's involvement had the project been approved at nine storeys at the meeting.

In dealing with another controversial high-rise, this time at Main Beach on the Gold Coast, Mr Dick had been asked to call-in a development by concerned residents who felt the planning scheme failed to meet community expectations around height.

Mr Dick told the Gold Coast Bulletin on Saturday that if a project was called in it would require him "to assess the development against the council's current planning scheme".

"Where a development has been approved that is consistent with the planning scheme, and does not contradict any state interests, there is generally no legal basis for the minister to call it in," he was reported as saying.

Some pro-development sources have described Mr Dick's involvement as "politicking" and remain confident the project will proceed, however there was not the same sense of imminent energy.

Yesterday Mr Johnson issued a short statement.

"A deemed approval is provided for in the Planning Act 2016 and so is the Minister's right to call in any development either before or after an application is determined," he said.

"Council resolved to progress a package of amendments to its Planning Scheme earlier this year and these are currently with the Department of State Development, Manufacturing, Infrastructure and Planning for consideration.

"The mayor has written to the minister and provided a copy of the conditions attached to the approval, which are designed to protect the environment, improve community facilities and ensure best practice in sustainability."

Efforts in recent days by the NewsMail to get a response from the relevant federal department have proven unsuccessful after Mr Dick indicated there could be environmental concerns on a state and national level.

Member for Bundaberg David Batt holds the position of shadow assistant minister for state development.

Mr Batt's office yesterday said he had been at an engagement yesterday and would comment today.