Court rules Carrickalinga beach house can remain taller than approved by Yankalilla council
THE owner of a partially-built beachfront house — once described as an “eyesore” — has won a court appeal allowing him to keep his property higher than what was approved.
THE owner of a partially-built three-storey beachfront house has won a court appeal allowing him to build his property than what was approved in a decision that has angered residents.
But Stephen Lindsay Marks will have to shave 50cm off the maximum height of his imposing 8.87m-tall Carrickalinga property under a compromise endorsed by the Environment Resources and Development Court.
Yankalilla Council had argued that Mr Marks should have to return the Gold Coast Drive property to the approved height of 7.995m but Commissioner Alan Rumsby on Tuesday upheld Mr Marks’ compromise height of 8.375m.
Mr Rumsby has reserved reasons for his decision.
Mr Marks and the council have been embroiled in a legal battle after the council issued a stop-work order on the property in 2015 when residents raised concerns the property was taller than approved.
Mr Marks’ ERD court appeal was triggered after the council’s assessment panel in November rejected his offer to reduce the building height to 8.375m.
Council chief executive Nigel Morris said the council would not appeal Mr Rumsby’s decision but it would seek a court order binding Mr Marks to the new height and require him to complete the work in a specified time frame or face penalties.
“I have concerns that although he might have approval to go to that (new) height, he might not do anything … we might have a derelict building there for some time,” he said.
In an ERD hearing last month, Mr Marks had blamed a contractor for building the property higher than council approved.
The Advertiser also revealed that Mr Marks had surrendered his builder’s licence after a Consumer and Business Services investigation found his company, New Wave Constructions, had breached its licence during construction of the six-bedroom house.
Residents have criticised the council over the development after it approved a building height of 7.99m, which was 50cm taller than allowed under zoning guidelines and described the building as an “eyesore”.
Carrickalinga Residents Association president David Salkeld said the association was dismayed that the court had upheld Mr Marks’ appeal.
”It has legitimised a series of considerable errors,” he said of the decision. “We initially were very disappointed the council made errors in the assessment (of the project) in the first instance and (in) its failure to consult residents … and from then on things have gone from bad to worse.
“He (Mr Marks) has thumbed his nose at everybody. It shows that if you break the law, the law won’t bother you.”
Former CRA president Dr Chris Hughes said the Carrickalinga skyline “will never look the same.”
The Advertiser has sought comment from Mr Marks.