Emu Park apartments: Developer Rob Carr takes matter to planning court

More than 150 submissions objected to the proposed development and the design was changed - taking out one storey. The development was still refused by council but the developer has now taken the matter higher.

The developer of a six-storey apartment project for Emu Park rejected by the local council has taken the matter to the planning court, with a review to be handed down on Friday.

The proposed development was refused by Livingstone Shire Council on May 17, 2022.

A few weeks later, on June 3, an appeal was filed by Ryan Grose Lawyers Townsville, on behalf of the developer, in the Planning and Environment Court.

The appeal was against LSC’s refusal for the development permit for the material change of use for 42 dwelling units and 24 short-term accommodation at Pattison and Granville streets, Emu Park.

The appeal sought that the development permit be approved.

Rockhampton businessman and Red Lion owner Rob Carr.

The applicant and developer is Elnabor Pty Ltd of which Rockhampton businessman Robert Carr is the director and secretary.

Mr Carr bought 19 Pattison Street for $715,000 earlier this year and 2 Pattison Street for $440,000 in 2019.

The initial development application for the project was submitted to council on October 25, 2021.

Council planning officers sent an information request soon after, which was responded to in full on November 19.

During the public submission period, 169 “properly made submissions” were sent to council.

This publication detailed each of the submissions in a lengthy article published last year.

The majority of the submissions had concerns the proposed development would take away the ‘village feel’ of Emu Park, turning the town into another Surfers Paradise or Noosa.

There were more than 55 submissions which had the same copied response.

The main concern was in relation to the height and density of the proposed development.

Council’s planning scheme for Emu Park specifies a maximum building height of four storeys in the Local Centre.

This height restriction was determined after extensive consultation with the public in 2018.

The new plans for the Emu Park Apartments.

In the planning appeal court documents, the lawyer for Mr Carr stated in a response to these submissions, the height of the building was reduced and further articulation was incorporated into the building design.

The application was refused at a council meeting on May 17 and a development notice was issued three days later.

The lawyer for Mr Carr states the refusal was on the grounds the proposed development exceeded the four storey height limit area in the Emu Park CBD zone code and the height and bulk of the building was not in keeping with the streetscapes and coastal village character for the local centre of Emu Park.

The changes took out one storey and seven units and changing the roofline and balcony views.

The appeal argues the proposed development is a medium rise building and is consistent with the character anticipated for a local centre, and that it would support the economy and provide accommodation for tourists and visitors and support the growth of the tourism industry in the local government area.

The appeal states the proposed development should have been approved as there are sufficient planning grounds to justify the approval, despite any alleged conflicts with the Planning Scheme.

According to the lawyer for Mr Carr, the proposed development provides a high quality design outcome and activates the local area by providing a modern, attractive and functional facility in the absence of adverse amenity impacts and the proposed development will promote, uplift and establish attractive premises and provides catalyst for further investment in the Emu Park area.

A rendered design of how the proposed development would look from the Emu Park CBD.

King and Company Solicitors of Brisbane is acting on behalf of Livingstone Shire Council.

As part of the appeal court process, an email was sent by the lawyer for Mr Carr to each person who lodged a submission.

No notices of election were submitted in response.

Mediation was ordered on July 15 and has since been adjourned.

The matter is scheduled for a review on Friday, September 23.

Livingstone Shire Council responded to a request for comment by this publication with the following statement:

“Whilst council resolved to refuse the application, that decision has been appealed to the Planning and Environment Court and currently council and the appellant are involved in mediation as a part of that process.”