Appeal delays retail project
PLANS for a new shopping centre at Trinity Beach have been put on ice again after the proponents behind a rival centre won an appeal to have their stoush returned to the Planning and Environment Court.
Trinity Park Investments, who are behind the Smithfield Hub site proposed for the Captain Cook Highway, had argued against a judge’s decision last year to allow the go-ahead of a shopping centre including a Woolworths at Trinity Beach.
According to a Court of Appeal decision handed down on Friday, their plight has been upheld on the grounds the judge “erred in law” when giving the Woolworths site the green light and not giving enough weight to the validity of the TPI’s plan or the catchment area.
The Woolworths site, which also includes a service station, childcare centre and restaurant, was set to be built 5km north of the Smithfield hub.
Following the court decision last July, Cairns Regional Council unanimously rejected the Smithfield Hub plans amid concerns the area could not support another shopping centre.
But Fabcot, Woolworths’ development arm, and the council have now been ordered to foot the legal costs of the appeal for TPI as part of the court’s decision.
In her decision Justice Susan Brown said Judge Bill Everson, who made the original P&E Court decision, should be the one to hear and determine the matter again .
“I find no good reason for a different judge to rehear the case or any good reason to make an order remitting it to a different judge as was sought by the appellants,” she said.
“While his honour did make comments about TPI’s application given the context in which they arose they do not indicate that his honour cannot hear the matter impartially.”
TPI had submitted its development application to council in April 2019 to extend its approval to build the hub near the McGregor Road turn-off on the Captain Cook Highway.
The application was later withdrawn and the approval lapsed on July 31.
The company then wanted new permission to go ahead with the project on the site of a former palm tree plantation.
A date for the new P&E Court hearing is yet to be set.