Residents and community groups are celebrating on the Sunshine Coast after successfully appealing against a billion-dollar development planned for a small beachside community on the Sunshine Coast.
This morning, the Supreme Court in Brisbane handed down its judgement in the case against Sunshine Coast Council and Sekisui House developer, ruling in favour of community groups Development Watch and Friends of Yaroomba.
A community-funded legal challenge was launched against the development last year, alleging that the Sunshine Coast Council had changed its own planning scheme to allow the five-star resort and housing project to go ahead at Yaroomba beach.
Save Yaroomba's Kathryn Hyman said the community felt vindicated.
"We can't believe we've actually won," Ms Hyman said.
Ms Hyman said the community had raised more than $400,000 to lodge the Supreme Court appeal last year, after their first application was rejected by the Planning and Environment Court.
"People have worked hard, they have worked tirelessly to raise that money," she said.
"We haven't had a chance to read that judgement yet, but the fact that we've won, we just feel vindicated, because the community has been so invested in this project."
Development didn't meet community expectations
Court documents show the judgement was made after "three errors of law" were identified.
They related to the council's Planning Scheme, specifically codes relating to building heights proposed in the development.
Community expectations about the development were also taken into account, as well as the number of submissions against the development.
Judge's Philip Morrison, Philip McMurdo and Martin Burns agreed to allow the appeal and set aside the earlier decision of the Planning and Environment Court in June last year which ruled the development could proceed.
Their judgement found "robust findings were made by the primary judge on the issues that have been successfully challenged".
The verdict means the project will go back to the Planning and Environment Court for a review.
Decision 'sends message to developers'
The Yaroomba Beach development proposal was approved by the Sunshine Coast Council in a six-to-five vote in June 2018.
There were 9,288 submissions against it, and nearly 3000 in support.
The development was proposing a new seven-storey, five-star hotel along with 753 residential apartments, 98 two-to three storey homes and a retail village.
The council argued at the time its approval was "the type of investment the Sunshine Coast economy needs, as the overall development will support the local building and construction industry as well as providing future employment for locals".
The Sunshine Coast Council imposed almost 250 conditions on the project when it was initially approved.
Ms Hyman said it was a win for democracy and sends a clear message to council and developers.
"There were points of law that weren't being addressed and the courts have recognised that," she said.
"That is the document that provides community expectations for development, which is all we were asking for."
In a statement Sekisui House said it would consider its options in response to the Court of Appeal decision.
Project Director, Evan Aldridge, said the options open to Sekisui House were to continue with the process through the Planning and Environment Court, or to develop the site according to the alternative 2009 Hyatt approval for a gated residential apartment and housing estate with buildings up to four storeys.
"Given the previous approval issued by the Sunshine Coast Council in June 2018 and subsequently the Planning and Environment Court's decision in June 2020 to uphold the approval, we are disappointed with the court's ruling." he said.'
