Queensland Court blocks luxury high-rise exemptions, putting Gold Coast approvals on hold

The Queensland Court of Appeal determined in July that luxury apartment developments do not satisfy the “housing choice and affordability” criteria used to justify exceeding height limits, overturning a 2023 council approval for a 34-metre tower in Bilinga. Justice Shane Doyle emphasized that catering to affluent buyers cannot be reconciled with the ordinary definition of affordability. The ruling sent the Bilinga project back to the Planning and Environment Court and is expected to affect other high-rise applications that rely on similar exemptions.

Gold Coast councillors will receive a briefing on the decision on August 25, and the council’s Planning and Regulation Committee has already delayed a 40-unit luxury tower in Palm Beach pending legal counsel. While a High Court appeal remains open, retired lawyer Michael Sparksman warned that the judgment could trigger challenges to existing approvals across the region. Deputy Mayor Mark Hammel highlighted the need for a new planning scheme to provide certainty for residents and developers.