Wildlife group lodges appeal against Hervey Bay, Qld, Sheraton Hotel plan

Plans to build an 18-storey Sheraton resort in Hervey Bay are up in the air with a conservation group fighting to stop it in its tracks, saying its excessive height will have a major impact on the environment.

The Fraser Coast branch of the Wildlife Preservation Association Queensland has asked the Planning and Environment Court to overturn Fraser Coast Regional Council’s approval of the controversial $450m project. Picture Supplied

The future of an 18-storey, five-star Sheraton Resort planned at Hervey Bay is up in the air, with a conservation group fighting to overturn it and saying its “excessive” height would ruin the region’s views and harm native wildlife.

The Fraser Coast branch of the Wildlife Preservation Association Queensland has asked the Planning and Environment Court to overturn Fraser Coast Regional Council’s approval of the controversial $450million development.

The plan, by developer Sunny Beach land, would transform multiple blocks of land on The Esplanade st Torquay into a hub of residential, resort, retail and luxury entertainment options.

These would include 340 private apartments, more than 200 hotel rooms, a business lounge, fitness centre, international standard, 400-seat function and conference space and a destination rooftop bar overlooking the bay.

More than 2700 submissions were made by the public ahead of the council’s decision to allow it, of which two thirds (1849) were in support.

The development was passed by a slim six-to-five vote at the end of July.

The Fraser Coast branch of the Wildlife Preservation Association Queensland has asked the Planning and Environment Court to overturn Fraser Coast Regional Council’s approval of the controversial $450m project. Picture Supplied

The split was reflected in the council’s hierarchy, with Mayor George Seymour among its detractors, and deputy mayor Paul Truscott on the other side of the fence.

The council’s approval did not come without its own conditions, with three storeys cut from the original 21-storey proposal.

On Monday September 16, the conservation group asked the court to overturn the project, citing multiple environmental and development clashes.

The appeal’s lodging followed a GoFundMe campaign led by former Fraser Coast councillor Sue Brooks asking people to help “right a wrong”.

The campaign has so far raised more than $11,000 from 163 donors.

Sunny Beach Land developer Dan Cuda said on Thursday, September 19, his company would fight the appeal.

The group’s appeal says the proposal is planned to be built in a “dark sky” area identified in the regional plan, and designed to “reduce impacts from artificial lighting on sea turtle and shore bird populations”.

The Wildlife group stated in its appeal the project was located in a “dark sky” area identified in the regional plan designed to “reduce impacts from artificial lighting on sea turtle and shore bird populations”.

It argues that state mapping shows nesting turtles “present” on the beach directly in front of the hotel’s planned location, as well as an area of “significant” mapping 5km northwest of the site.

There was also a Ramsar wetland less than 5km southeast of the blocks, it says.

The group says the development would have an “adverse” impact on vegetation at nearby Nielson’s Park, which was also an area identified as within an area identified as part of a Butchulla People Land and Sea claim.

The planned hotel’s height is another problem, the group says.

The design exceeds the region’s airport and aviation regulations “by about 22m, presenting a hazard to aviation”.

The group’s appeal says the design exceeded the region’s airport and aviation regulations “by about 22m, presenting a hazard to aviation”, and its sheer size would ruin “views and vistas” from a number of areas outlined for protection under the region’s development laws.

Its size would ruin “views and vistas” from a number of areas outlined for protection under the region’s development laws, including K’gari and the Great Sandy Strait.

The project further clashed with zoning for identified “tourism nodes” in the city which anticipated higher-density development.

The group argues the plan falls outside these areas, and even if this was not the case, its 75m height still exceeded the “nodes’” 26m height limit.

The planned hotel was also “greatly in excess” of the community’s reasonable expectations for height.

“The weight of community opposition and their reasonable expectations favours refusal,” it says.

There was no demonstrated community, economic, or planning needed for the project, it says and the developer “has not demonstrated (the hotel) would not stifle the further development in the locality as a consequence of its overdevelopment of the land”.

The appeal argues was no demonstrated community, economic, or planning need for the project, and the developer “has not demonstrated (the hotel) would not stifle the further development in the locality as a consequence of its overdevelopment of the land”.

Mr Cuda said his plans to deliver “a world-class, five-star resort and apartments project for Hervey Bay” had not changed since it was given approval.

“This approval followed an extensive and wide-ranging process that included hundreds of pages of expert reports and analysis, and thousands of submissions from community members in support of the project,” Mr Cuda said.

The appeal “comes as no surprise as we have previously acknowledged that a vocal minority opposes the project despite the major economic, employment and social benefits it will bring to the Fraser Coast region”.

“It remains clear that the majority of Fraser Coast councillors, council planners, business owners and the wider community support this project,” Mr Cuda said.

A Fraser Coast council spokesman said the council declined to comment.

“(The) council respects the democratic right of others to lodge an appeal against council’s decision,” he said.

“As (the) council has been named as a party to the appeal and the matter is now before the courts, it would be inappropriate to provide further comment at this time.”

Mr Seymour and Mr Truscott declined to comment on similar grounds.

A defence to the appeal has yet to be lodged by the council or developers Sunny Beach.