Corella Rd developers breach rules over Gympie golf course housing plan

Plans to reduce the number of homes expected to be built as part of a decade-old Gympie development have ended in court after the new owners failed to do one important thing.

Plans to reduce the number of homes expected to be built as part of a decade-old Gympie Pines Fairway Villas development have ended in court after the new owners failed to drop a letter to the estate’s body corporate.

The owners of vacant land at a prestige housing estate at Gympie Golf Course have been found in breach of the law after failing to notify its body corporate of proposed changes to the development.

Corella Rd Dev Pty Ltd landed in Gympie Magistrates Court after lodging plans to continue building Gympie Pines Fairway Villas along a different path than originally envisioned, court documents have revealed.

The Villas were originally approved by the region’s council in 2005, with the first three stages built in the ensuing four years.

Stages four and five were planned home to 36 units, but work at the estate stalled.

Corella took ownership of the remaining block in 2019 and subsequently unveiled plans in 2020 to build 21 detached units instead with the potential to be offered up as NDIS accommodation.

It was this plan which landed them in court.

A vacant block at Gympie Pines Fairway Villas was originally proposed to become home to 36 new units, built in two stages, but the new owners instead lodged plans to build 21 homes with the potential to become NDIS accommodation.

The Villas’ body corporate accused Corella of breaching the Body Corporate and Community Management Act by not telling them of the plans in writing at least 30 days before the application was lodged.

In May 2022, a Gympie Magistrate agreed, finding Corella in breach of the Act.

A subsequent appeal by Corella was thrown out on Thursday, with a published District Court ruling supporting the Magistrate’s decision.

The published District Court ruling said the developers, Corella Rd Dev Pty Ltd, claimed the new buildings would not change the existing scheme as they could be demolished. Judge Nicole Kefford said in the ruling this claim was “beside the point”.

The documents reveal Corella had argued the Magistrate erred in both their interpretation of the Act and in finding the body corporate’s complaint was made out.

Corella claimed there was no evidence the new plan changed the scheme, which could still be realised even with construction of the 21 new homes as they “could be demolished”.

Judge Kefford, in her published ruling, said this claim was “beside the point” and it could be “reasonably inferred” their intention through the new development if carried out “would affect the nature of one or more stages of the development”.

She also found that while work on the development had stalled since 2009, Corella Rd Dev had failed to prove that a preliminary approval for the last two stages had lapsed.

The matter will return to Gympie Magistrates Court for sentencing on Monday, September 11, 2023.

Breaches of Section 29 of the Act by developers can attract fines of up to $206,775.

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