Gold Coast Council seeks High Court review of ruling on luxury tower affordability

Gold Coast City Council has filed an application for the High Court to consider an appeal of a July Court of Appeal ruling that a luxury high-rise in Bilinga does not enhance housing affordability. The council maintains that the appellate judges narrowed the meaning of "housing choice and affordability" to the statutory definition of "affordable housing" and that a broader interpretation should include diverse dwelling types and locations across the city.

It warns that the decision could cause significant disruption to existing and future housing approvals across Queensland. The contested development, submitted by Cielo Property Group, rises 34 metres, 10 metres above the suburb’s height limit and 121 per cent above its density cap, and was approved on the basis that it would increase housing choice. Although the Planning and Environment Court rejected a resident appeal, the Court of Appeal found the luxury apartments, aimed at affluent buyers, could not be counted as affordable.

The council’s submission stresses that delivering affordable units on beachfront land worth tens of millions of dollars is not economically sensible. The High Court has not yet ruled on whether to hear the case, and councilors will be briefed at the next full council meeting.