Gold Coast council takes housing affordability ruling to High Court, warning of statewide impacts

The Gold Coast City Council is taking its fight over housing affordability to the High Court, seeking to overturn a ruling that luxury apartments do not contribute to making housing more accessible.

The Queensland Court of Appeal previously found the council could not justify approving a luxury beachfront tower that exceeded the area's height limit by claiming it would enhance "housing choice and affordability." The council's submission to the High Court argues this decision will create significant disruption for current approvals throughout Queensland, stating it's not economically sensible to build affordable housing in prime beachfront locations.

“

It would not be economically sensible or efficient to provide affordable housing in a beachfront development because the price of any dwelling in that location would not meet the definition of affordable housing.

This legal battle began when the council approved a luxury high-rise development in Bilinga, significantly exceeding height and density limits. The council had justified the approval partly on the basis of improving "housing choice and affordability." However, the Court of Appeal disagreed, with Justice Shane Doyle stating that luxury apartments for the affluent market cannot be considered a benefit to housing affordability, calling such a claim a "distortion of the ordinary meaning of affordability."

The council's planning scheme allows developers to build above height limits if projects offer benefits like improved amenity or contributions to "housing choice and affordability." The Court of Appeal, however, interpreted "housing choice and affordability" too narrowly, according to the council, which argues the term should not be equated directly with "affordable housing" as defined by state policies for low-to-middle-income households.

“

To do so would be a distortion of the ordinary meaning of affordability.