Bilinga tower on Pacific Parade rejected by judge after being approved by Gold Coast Council

The green light has been turned red for a beachside Gold Coast unit complex which has had its approval overturned by a Court. FIND OUT WHY

The green light has been turned red for a Bilinga unit complex, which has had its approval sensationally overturned by a planning court.

The 11-storey building, put forward in 2022 by developer LGDC Mcinnesville, was approved by the Gold Coast City Council in 2023 despite the objections of 96 people.

Now, more than two years later, Planning and Environment Court Judge Nicole Kefford has said the project cannot go ahead, ruling that the tower did not comply with the City Plan.

It comes amid a housing crisis, slowing development and pleas from the sector to the government to allow them to build taller towers along major transport routes.

Judge Kefford said in her Judgement that there was insufficient justification for the tower to be so far above the level set in the City Plan.

“As is evident from my findings, LGDC McInnesville Pty Ltd has demonstrated compliance with some of the outcomes … of the strategic framework (and) it has also demonstrated partial compliance with the outcomes (so) those matters lend support to the case for approval,” she wrote.

The 11-storey residential tower which was proposed for Pacific Parade at Bilinga.

“Against those findings, I must weigh the noncompliances with the City Plan.

“The noncompliance are occasioned by the design deficiencies of the proposed development and its inappropriate visual amenity and character impacts. They are serious and deserving of significant weight.

“On balance, I am not persuaded that the positive aspects of the proposed development and the other matters that favour approval, taken collectively, are sufficient to provide a sound town planning basis to depart from the City Plan.

“They do not render the impacts on visual amenity and character acceptable.

“Moreover, there is no sound town planning reason to not give the planning policy with respect to building height in the City Plan its full force and effect.”

District Court Judge Nicole Kefford. Picture: Dominic Elsome

The judge’s ruling comes amid a time of intensifying pressure on the city’s housing sector as the Gold Coasy’s population rapidly moves towards one million people.

Despite this, the new City Plan, currently being developed between the council and state, is at least two years away.

A report by the Property Council released on Friday warned there was now “significant doubt” the city could meet housing targets set by the state without greater development.

“Under the SEQRP the Gold Coast is expected to deliver around 5643 attached dwellings annually from 2021 to 2031, and 5924 annually from 2031 to 2046 (but) less than a third of this target has been achieved each year since 2019,” Property Council state boss Jess Caire wrote.

Even worse, the report warned that nearly 60 per cent of unit projects in the pipeline were in doubt of being delayed or not delivered entirely.

The Bulletin on Thursday revealed a group of developers and landowners were lobbying to be allowed to build larger towers on the Mermaid Beach and Miami stretch of the light rail.

They argued political leaders were “using traffic, carpark and infrastructure challenges as an excuse to stymie development”, and warned the Gold Coast will “become more unaffordable than Sydney within a decade unless they change policy.”

Mayor Tom Tate and Deputy Mayor Mark Hammel have both called for interim measures from the state government to be instituted while the new City Plan is being developed, which would allow for more high-density development around the light rail route.

The now rejected Bilinga building was earmarked for a 100 sqm site on the corner of Pacific Parade and Archer Street, a short distance from the proposed future route of the light rail’s Stage 4.

According to documents lodged with the council as part of the development application process, the complex was to have 28 units, including two penthouses.

Sitting at 34.2m, it would have been significantly above the area’s 23m height limit.

However, councillors approved it based on the 50 per cent uplift rule, which allows it to back towers which exceed this level.

“The area is a transitioning one with predominantly built form presenting as two/three storey developments with a gentle scattering of mid-rise developments that are routinely between six-eight storeys,” council officers said in their report at the time.

Gail O'Neill. Picture: Glen Campbell

Area councillor Gail O’Neil said she respected the court process.

“I think a fair bit of it came down to the judge not thinking that the building met the criteria for a 50 per cent uplift,” she said.

“The criteria for it is very ambiguous and not clear, so hopefully with our new City Plan this will not be there because it is so subjective.

“Now it will be up to the applicant to see whether he submits something different.

“I respect the process but I am sure there will be a lot of residents in that area happy with this result.”

Council received 231 submissions during its public consultation process, with nearly 100 against it and the majority in favour.

However council staff said they gave “limited weight” to the submissions in favour of the project, claiming they were “pro forma” and linked to a developer. 

Originally published as Bilinga tower on Pacific Parade rejected by judge after being approved by Gold Coast Council