Konstantinou Group’s Gold Creek Development Revived After Tribunal Overturns Refusal

An artist’s impression of the development proposed by Gold Creek Country Club. Image: Cox Architecture.

Development plans for a $330 million, 694-dwelling commercial accommodation project on Gold Creek Country Club land in Nicholls have been thrown a lifeline after the ACT Civil and Administrative Tribunal (ACAT) overturned the Territory Planning Authority’s refusal of three key development applications (DAs).

Gungahlin Golf Investments (GGI), part of the Konstantinou Group, lodged eight DAs in November 2023 for the 10-year phased project. The Planning Authority refused the three remaining DAs in April, arguing the proposals were for prohibited multi-unit residential developments, not the commercial accommodation (motels) claimed by the developer.

GGI successfully argued to the Tribunal that the nature of the proposed development was incorrectly characterised. In its recently published reasons, ACAT agreed, stating the DA documents clearly proposed “commercial accommodation, which is a motel,” finding elements like building configuration and parking were consistent with a modern motel concept.

The Tribunal’s August decision overturned the refusals and sent the applications back to the Planning Authority for assessment. ACAT noted that this decision does not mandate approval, only that the DAs were for a permissible use and must now be assessed on their merits.

The ACT Government stated the Planning Authority respects the decision and will consider its next steps. The Nicholls Residents Group, which opposes the development, is now assessing the decision’s implications. The developer, GGI, will await the Planning Authority’s response before commenting.