Developer’s Appeal Dismissed by Planning Court
In a significant victory for the Samford community, the Planning and Environment Court has dismissed the developer’s appeal and formally refused the proposed large-scale, mixed-use development at the corner of Main Street, Junction Street and Samford Road, opposite the roundabout at the gateway to Samford Village. The decision brings considerable relief following a three-and-a-half-year community campaign.
A key factor in the Court’s decision was the proposal’s encroachment into the Township Residential Precinct. The Court found that commercial and retail activities are intended to remain concentrated within the Main Street centre and should not “encroach into the residential rural township areas”. The Court was also not persuaded that there was sufficient demonstrated need to justify approval of the development.
The case highlighted what many residents regard as an ongoing disconnect in the interpretation of the Planning Scheme. On one hand, Samford is promoted as a unique tourist destination with a semi-rural identity characterised by low-scale buildings, varied setbacks and a strong landscape presence. On the other hand, it was argued that the proposed development was compatible with that same character.
A significant number of residents attended Court from 9th to 13th March, with all expressing their concerns about the combative approach the Council appointed Barrister displayed toward our Town Planning expert witness. Another point of concern was why City of Moreton Bay Council changed its position from a refusal of the development, to one of assisting the developer’s case.
Samford Progress says it will continue discussions with Council to seek greater clarity, consistency and transparency regarding the Planning Scheme and its long-term implications for the Samford and Districts community.
The Court’s decision reflects the determination, resilience and united support of the wider Samford community throughout this lengthy process. Many residents have expressed sincere gratitude to the volunteers of the Samford Progress Management Committee – David, Paul, Leigh, Rob and MaryAnne – for their unwavering support and leadership during the campaign. Special acknowledgement has also been given to the community volunteers who formed the Development Application Sub-Committee: Don Cousins, Bill and Joy Chalmers, Kerrie Brown, Anne Sulinski, Peter Booth, Steve Cash and Michael Barrett. Their commitment, professionalism and persistence were instrumental in achieving this result.
The community further acknowledges the outstanding contribution of the legal team – Gerard and Angus from Gadens, together with Barrister Luke Walker, whose advocacy, representation and strategic guidance were central to this successful outcome.
Expert witnesses Greg Ovenden of Reel Planning and Bryce Trevilyan of Traffic and Transport Plus, also provided invaluable professional evidence and guidance on the key planning and traffic issues considered by the Court. The developer now has 30 business days from the decision to appeal the ruling.
Throughout the campaign, Samford Progress and the community consistently maintained the position that appropriate development is not opposed. Development that aligns with the existing Planning Scheme and responds to the character and needs of the Samford community continues to be welcomed.
Samford Progress and the Development Application Sub-Committee sincerely thank the 94 co-respondents who stood with the community throughout the proceedings, along with the many residents who generously contributed financially and displayed signs of support on their properties.
As many supporters observed throughout the campaign, this was truly a community effort and the Samford Valley is stronger for it.
Samford Progress Planning & Development Sub-Committee