Planning and Environment Court sides with Cairns Regional Council over highway servo, fast food plans

The Planning and Environment Court has prevented a second attempt to build a service station and truck stop complex on the Captain Cook Hwy.

The proposed service station complex at Northern Sands, in Barron, was refused by the Cairns Regional Council in 2017. Picture: Cairns Regional Council

The Planning and Environment Court has scuppered a second attempt to build a service station and truck stop complex on the Captain Cook Hwy near Holloways Beach.

In 2015 Northern Sands Pty Ltd, under the directorship of developer and publican Tom Hedley, submitted a material change of use development application to Cairns Regional Council that proposed the construction of a service station, drive-through restaurant, truck stop and detached bottle shop at 563 Captain Cook Hwy.

In April 2017, Cairns Regional Council refused the application.

In its decision, the council stated the development was not appropriate because, among other reasons, it was deemed inconsistent with local planning intent, was unlikely to achieve hazard and risk compliance and conflicted with the rural appeal of the area.

In 2017 Northern Sands appealed the decision in Queensland’s Planning and Environment Court.

The site since sold in May 2022 to Northern Sands Properties, a company directed by Clifton Beach’s Chris Lemke for $1.1m.

The development was proposed on the Captain Cook Highway near Holloways Beach. Picture: Google Maps

Also in May 2022, Mr Hedly sold his adjacent quarry to Boral Resources for $2.2m.

According to court documents, the Northern Sands contended the development was “a unique offering to Cairns; catering for the travelling needs of all types of vehicles using the highway, in a way that improves the current use without unacceptably detracting from the rural character and scenic amenity”.

On August 11, Judge Dean Morzone KC decided in favour of Cairns Regional Council’s refusal of the DA and dismissed Northern Sands’ appeal.

Although Northern Sands made some amendments to its original DA, Judge Morzone concluded the changes did not result in a substantially different development as it “does not cause any change of assessment or type of development approval, and it does not trigger additional referrals”.

In his decision, Judge Morzone found an approval of the proposal would plainly conflict with relevant planning instruments.

Judge Morzone then considered if there was sufficient grounds to justify the approval despite planning conflicts.

Proposed service station complex at Northern Sands. Picture: Cairns Regional Council

In its appeal, Northern Sounds relied on an assessment, among other assertions, that there was “a clear and strong need for the proposal” as grounds to justify an approval.

According to court documents, Northern Sands argued “a strong need for the development to be delivered in this location, providing convenience, choice and competition with respect to essential facilities, in the public interest”.

Judge Morzone disagreed with this assessment.

“I am unpersuaded that the grounds relied upon by the appellant are sufficient, in terms

of the public interest or benefit, to grant approval despite conflict with the planning

scheme,” he said in his judgement.

“There is no demonstrated economic need for the proposal. There is no unsatisfied town planning and community need for the proposal.

“Therefore, since the appellant has not shown why the planning instruments, as the

embodiment of what is in the public interest, should not prevail, I am bound to refuse

the application.”

Mr Hedley said he would not be appealing the decision personally, as he had sold the site.

Originally published as Planning and Environment Court sides with Cairns Regional Council over highway servo, fast food plans