Bushland Beach self-storage facility: Townsville Council suffer Court of Appeal loss

Queensland’s Court of Appeal has sensationally overturned a Townsville City Council decision to block a highly controversial development. See why.

Protesters rallying against Brisbane-based developers Parmac Property Group’s plans for a 145 unit self-storage facility on an 8165sqm vacant block in a low-density residential zone at 5 Goicoechea Drive in Bushland Beach, Townsville. Picture: Supplied

Queensland’s Court of Appeal has overturned a Townsville City Council decision to block a highly controversial Bushland Beach development project.

The court, in a written decision, found in favour of appellant ML Parkway over the council, paving the way for a construction of a 145 unit self-storage facility on an 8165sqm vacant block in a low-density residential zone at 5 Goicoechea Drive.

The elected council sided with the Bushland Beach Community Action Group and other concerned individuals in rejecting the proposal in May, 2023.

The vote by the former council was contrary to a recommendation made by a council officer that the development be allowed to proceed.

Leading the vote against, was former Mayor Jenny Hill while those if favour were then councillors Margie Ryder, Russ Cook and the late Fran O’Callaghan.

Layout of the proposed self-storage warehouse facility at Bushland Beach . Picture: Townsville City Council.

In his decision, Judge Michael Williamson allowed the appeal, “with the development application approved subject to conditions”.

“The Court overturned the decision and considered the development was acceptable for the location,” a council spokesperson said.

“Council is now required to provide appropriate conditions for the approved development to the court to allow the appeal to be finalised.”

An artists impression of the proposed self-storage warehouse facility at Bushland Beach. Picture: Supplied

According to the ruling, the councillors voted during a packed public meeting to refuse the development application for three reasons, including that it was “inconsistent with the character and amenity outcomes sought for the low-density residential zone” because of its size.

Additionally, the councillors argued that the development was inconsistent with land-use intentions for the zone because as it did not “serve the day-to-day needs of the immediate residential community and is more appropriately located in another zone”.

The council, the court noted, also objected on the ground on the public backlash, specifically the “number and content of properly made submissions” as well as the “absence of planning”.

In a lengthy 16,000-word ruling, the court knocked back the objections, saying the appellant’s application case was “strong” and the proposed development “meritorious”.

“This is not a difficult conclusion,” the court ruled, listing seven reasons.

The reasons included that the development would be a modern self-storage facility with benign impacts that complied with “adopted planning controls”.

The court found that the development can be “conditioned” to ensure acceptable impacts on the low-density residential character of the area.

“Council has, in granting approvals in the locality, itself diverted from the intent articulated in the planning scheme for the low-density residential zone, particularly in relation to the scale and appearance of non-residential uses at the northern end of Goicoechea Drive where the site is located.”

Brisbane-based developers Parmac Property Group, a privately owned retail and commercial property development business, were contacted for comment.

Originally published as Bushland Beach self-storage facility: Townsville Council suffer Court of Appeal loss