Former North Lakes Golf Course
Published 17 December 2021
UPDATE: 29 June 2022
Late last year, the applicant, JH Northlakes Pty Ltd, who has sought to redevelop part of the former North Lakes Golf Course, filed an application in the Planning and Environment Court seeking the Court’s determination on, amongst other things, whether its development application was properly made in the manner in which it had been submitted to the Council.
In April 2022, the Court heard the proceeding and, on 9 June 2022, delivered its reasons for judgment. Visit the File Summary to access a copy of the reasons for judgement.
The Court determined, amongst other things, that the Council was correct in its determination that the development application could not lawfully proceed in its current form.
The Court’s decision provides clarity for the Council, the community, and the applicant in relation to the development application process for the redevelopment of part of the former North Lakes Golf Course site.
It is now a matter for the applicant to determine how they wish to proceed. That may include, for example, the applicant revising its development application to respond to the Court’s findings and resubmitting the application to the Council for consideration.
UPDATE: 17 December 2021
Council’s legal team and the applicant have been unable to reach an agreement on the type and form of development application that can be made to the Council to enable the Council to lawfully assess and decide the application over the former North Lakes Golf Course site. This does not constitute a refusal of the development application.
Earlier this week, the applicant informed Council’s CEO that it will be making an application to the Planning and Environment Court to seek the Court’s determination on, amongst other things, whether the development application can be made as it has been submitted to Council.
Council has now received a copy of the applicant’s application to the Planning and Environment Court. Visit the File Summary to see the application and any future documents filed in the Court in relation to this matter.
Whilst the Council is disappointed a pathway could not be agreed to, it is in the best interests of all those affected by this development proposal to seek clear guidance and direction from the Court at this juncture to ensure transparency for the applicant and the community in respect of the redevelopment of the former North Lakes Golf Course site.
UPDATE: 3 November 2021
Council’s legal team has reviewed the submission made to Council on 19 October 2021 to vary the town planning scheme controls, in order to allow a retirement village and aged care facility to be built on part of the former North Lakes Golf Course site. Council has determined that the development application cannot lawfully proceed in its current form. The applicant has been advised of this decision. This determination does not constitute a refusal of the development.
Council will now await a response from the applicant. All application material, including Council’s letter outlining the legal and technical reasons for today’s decision, have now been posted to the Council’s DA Tracker.
The relevant development application details are:
(a) Application Number - DA/2021/4205
(b) Applicant - JH Northlakes Pty Ltd C/- Mecone
UPDATE: 9 September 2021
At this time, it is understood the owner of the land is considering the potential for a variety of land use proposals on different parts of the former North Lakes Golf Course site.
However, Council has not received any development application over any of the site.
Should the owner proceed with a proposal for a Ministerial Infrastructure Designation over part of the site, such a Designation would make certain works ‘accepted development’ under the Planning Act 2016. Therefore a development approval from the Council would not be required for those specified works. This is a process managed by the Queensland Government’s Department of State Development, Infrastructure, Local Government and Planning. It is important to note while Council would be consulted through this process, the decision regarding Designation - and the extent of any specified accepted development - would ultimately be decided by the State Government.
If Council receives a formal development application for a proposed new aged care facility, retirement village or the like on part of the land, it will need to be assessed through the established process under the Planning Act. Depending on the nature of the application lodged, it would be expected to involve a formal period of public consultation. If lodged, details about the development application will be available via Council’s DA tracker portal.
UPDATE: 16 March 2021
The legal advice from Christopher Hughes QC Barrister-at-Law determining whether it’s possible to submit a Development Application at the site of the former North Lakes Golf Course has now been received by all parties. In the interests of transparency, Council has made this document publicly available online for everyone who’s interested.