Ocean Ave Slade Point homeowners fight to keep encroachment

A North Qld property owner with ocean views claims they never would have bought their home if they knew it would face a wrecking ball. Read why their pleas have been rejected.

A Mackay duo will be forced to spend $200,000 to demolish a third of their home after their pleas failed to stop a council motion.

William Paton and Sheridan Ansiewicz fronted Mackay councillors to deliver a “short and sweet” address in a desperate attempt to override an encroachment policy.

They own 40 Ocean Ave in Slade Point which presently encroaches on 69 sqm of public reserve, an issue first brought to public attention in May, 2021.

In what unravelled into a decade-long issue, the pair offered to buy the implicated parcel of land at market value, a proposition which councillors were recommended to reject.

“We do not want to demolish a third of our home,” Mr Paton said during the ordinary meeting of Mackay Regional Council on Wednesday.

“It has taken a lot of resolve for us to be here again today given the circumstances.”

Slade Point homeowner William Paton made a passionate plea to Mackay councillors on Wednesday, November 9, 2022, asking them to vote against a motion that would require to demolish parts of his property. Picture: Heidi Petith

Mr Paton alleged they only bought the property in June 2013 “on the premise” a two-yearly renewed permit would legalise the “complicated” long-existing encroachment.

He said when this was no longer available, they sought to buy the land.

“This issue has had a dramatic negative effect on our lives including our health and wellbeing with heightened levels of stress and anxiety,” Mr Paton said, adding they hoped the community’s “extreme(ly) strong support” would prompt councillors to give faithful consideration to their proposal.

The owners of 40 Ocean Ave, Slade Point applied to Mackay Regional Council to acquire a part of a reserve. Picture: Mackay Regional Council

He said neighbouring residents had received approval to purchase their “considerably larger” encroachments and that as a compromise, they were willing to remove the lean-to from the front of their home taking up 20 sqm of land.

Mr Paton said this would save their home and avoid a $200,000 bill.

Slade Point homeowner William Paton made a passionate plea to Mackay councillors on Wednesday, November 9, 2022, asking them to vote against a motion that would require to demolish parts of his property. Picture: Heidi Petith

Mayor Greg Williamson said councillors had two options: either to enforce the policy or “go back and rewrite (it)”.

Cr Fran Mann said while it was “an extremely difficult decision”, the council must abide by its policy.

This was echoed by Deputy Mayor Karen May who said there were about 400 Mackay region properties encroaching on public land.

“While I feel quite deeply about the angst this has caused the property owners, I have to go back to the report that says the property owners were aware of this encroachment when they purchased this land,” Ms May said.

She added there would be many similar cases to follow.

Councillor Michelle Green said while neighbouring properties had been allowed to buy public land, theirs had not significantly blocked public access to the reserve as was the case for 40 Ocean Ave.

Mackay Councillor Justin Englert explained why he could not support the motion. Picture: Heidi Petith

In speaking against the motion Cr Justin Englert said the policy should serve as a “guide” on a “case-by-case basis”.

“If we were to flatly say no to this, then we should be basically knocking on every cane farmer’s door and say remove your cane from our public spaces,” Mr Englert said.

The motion was approved with Mr Williamson, Ms Mann, Ms May, Ms Green, and Mr Townsend voting for it.

Voting against were Cr Belinda Hassan, Cr Ross Seymour, Cr Laurence Bonaventura, and Mr Englert.

Cr Martin Bella was absent and Cr Alison Jones had declared a conflict of interest prior to the matter.

The owners of 40 Ocean Ave, Slade Point applied to Mackay Regional Council to acquire a part of a reserve. Picture: realestate.com.au

MRC documents state the Department of Resources had previously presented the council with two options dependent on “robust community consultation”: either to remove the “unlawful” structures or allow the owners to buy the land at market value.

Letters were sent to 1,543 Slade Point property owners with more than one in three respondents disagreeing the land should be sold.

Some commented “multiple adjoining landowners” were using the reserve like their “own private land” with gardens and outdoor furniture making the community feel like trespassers.

The owners of 40 Ocean Ave, Slade Point applied to Mackay Regional Council to acquire a part of a reserve. Picture: realestate.com.au

Two months later Mr Paton and Ms Ansiewicz, via their solicitor, sent a submission slamming the council.

The submission states they thought the encroachment was considered an “(in)significant problem”; that council had indicated supported for their purchase proposal; and community consultation was “flawed and framed in such a way as to engender negative responses”.

MRC documents state the council adopted an Encroachment on Public Land policy in September 2022, which rules the property owners’ encroachment “blocks most of the reserve” and “significantly restrict(s)” public access.