Magnetic Island resident’s fear of eviction in Planning and Development Court

The Townsville City Council has offered a compromise to almost 100 long-term residents on Magnetic Island to resolve a dispute in the Planning and Development Court. Find out more.

Impacted residents Mark Fishburn, Tony Green, and representative Alan Sheret leave the Townsville Courthouse after appearing in the Planning and Environment Court. Picture: Chris Burns

79-year-old Magnetic Island retiree Tony Green said he was having difficulty sleeping over the uncertainty on whether or not he will be evicted, as the Townsville City Council offered a confidential compromise to almost 100 long-term residents to resolve a Planning and Development Court matter.

The council’s legal representatives held discussions with affected unit owners last month and have since given them an offer days before the latest court appearance held Thursday which it considers “favourable”.

If the terms were agreed with the council would not pursue further action against them, although legal advisers consider the possibility of people who would not compromise.

The council would continue to take legal action against those who disagreed with the offer, which was given days before the court session held on Thursday.

The matter was postponed for a month to give these residents time to consider the offer.

The Townsville City Council filed an application in October last year against Amaroo on Mandalay unit owners on the grounds the tourist holiday resort at 61-79 Mandalay Avenue does not include permanent residency.

This permanent residency would be considered three months or longer within a year period.

Mr Green was among several impacted residents who appeared before the court on Thursday, presided by Judge John Coker.

Mr Green, who had represented himself, told the court his concerns about the ongoing issue and how much the uncertainty impacted his mental wellbeing and health.

“I can hardly explain what it feels like,” Mr Green said.

“I’ve been up since 3 o’clock now thinking about how … even to talk to you.

“Just to let you know, this is not a walk in the park, this is so stressful.”

Representative to four affected residents, Alan Sheret, told the court he wanted to resolve the matter as fast as possible to give relief to those he represented, including resident Robert Shepherd, who he said suffered from Post Traumatic Stress Disorder.

Mr Sheret said the uncertainty of the matter had “supercharged” Mr Shepherd’s health issues.

“I’d love to talk with Mr Shepherd in the near future and say ‘hey mate, your home is your home’.” Mr Sheret said.

Originally published as Magnetic Island resident’s fear of eviction in Planning and Development Court