Aussie battlers stick it to 'the man' in servo court fight

Lawyer Ray Barber says Aussie battlers can overcome government and developers if they get their fight organised early.

Opponents of a service station development at Mudjimba celebrate a court decision allowing their appeal against its approval. Picture: Stuart Cumming

LAWYER Ray Barber says Aussie battlers can overcome government and developers if they get their fight organised early.

It comes after his work on behalf of a group of Mudjimba residents led to a proposed service station development being overturned in court, more than two-and-a-half years after Sunshine Coast Council approved it.

The 24-pump development on David Low Way at Mudjimba, driven by Coast developer Mal Pratt, also included two drive-through restaurants.

It backed onto a housing development in Surfrider Place, drawing strong objection from residents.

Those residents were able to fund their appeal through their community and were helped greatly by Mr Barber, who appeared on their behalf pro bono.

Judge Gary Long's Planning and Environment Court judgment, handed down on Friday, concluded the development had a significant if not serious conflict with the relevant planning scheme.

Judge Long said while that scheme did indicate awareness of the airport's expansion, there was a clear indication the site was to remain residential in nature in keeping with its surrounds.

He said there were insufficient grounds or public interest to override the planning scheme.

Coolum lawyer Ray Barber speaks in front of Maroochydore Court House after winning an appeal against a Mudjimba service station development. Picture: Stuart Cumming

Mr Barber said the appeal victory came down to the residents having a better legal case in planning law.

He said he worked pro bono because he was asked to.

"There is a real imbalance on the Sunshine Coast," Mr Barber said.

"We have a developer council that goes out of its way to smooth the way for developer donors."

He said in order to rewrite the balance, some lawyers work for nothing, for discounted fees or at the "going rate".

"Little home owners like this deserve the law to be available to them when someone wants to put petrol bowsers on their back door.

"For me, planning law deserves to be accessed by everybody and we have got to find ways that costs don't get in the way of that."

Mudjimba residents Peter Sorensen (right) and Rowan Stanley celebrate a successful appeal against a service station development with former Mudjimba residents Carol and Peter Watkins (left). Picture: Patrick Woods

He noted the broadly used term "Aussie battlers".

"When little communities decide at an early date that they are battlers, they have got a good chance of winning these things.

"It's then that they start having barbecues and fundraising and meeting in halls and meeting lawyers and getting experts together.

"They can win these cases but there needs to be a very early decision on their behalf that they are going to fight."

He said the case was now in a one-month appeal period.

"The developer could choose to exercise appeal rights to the Court of Appeal.

"I think the residents... are just thrilled to have won the day."

A council spokesman said the council was reviewing the appeal decision.

Lawyer Peter Boyce, who appeared for Mr Pratt's company, said he was still reviewing the judgment to determine whether or not an appeal would be lodged.