Beachside Yaroomba Land Pty Ltd files Planning and Environment Court application
A battle over land access for a prime-positioned Sunshine Coast block is set to head to court, with the landowner blaming a nearby body corporate of blocking entry.
Sunshine Coast
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A battle over land access for a prime-positioned Sunshine Coast block is set to head to court, with the developer blaming a nearby body corporate of blocking entry to their waterfront property.
Planning and Environment Court documents show the company, Beachside Yaroomba Land Pty Ltd, filed an application against a total of five respondents, including four body corporates and the Sunshine Coast Council.
Court documents state the development company will attempt to rely on a preliminary approval from the former Maroochy Shire Council in 2007, which allows them access from an easement to the Yaroomba waterfront property.
The company became the registered land owner of the 18.56ha block on David Low Way in September last year, according to the court documents.
The documents state the developer asked for consent from a neighbouring property operated by Body Corporate for Coolum Beachside CTS to access the block, but have been unsuccessful.
It is alleged this is a contravention of the council’s preliminary approval, “sterilising the potential development of the BYL Land”.
“By operation of the preliminary approval and precinct 3E RAL approval, the first respondent is required to provide all necessary access, infrastructure and services over the Beachside Land to the development application land,” the document stated.
The applicant claimed they have suffered financial losses due to the first respondent’s actions.
“(There has been a) loss of income and holding costs as a result of the applicant not being able to develop, sell, or deal with the applicant’s land in accordance with the preliminary approval and precinct 3E RAL approval,” the documents stated.