Developer behind plans for 104 units in Maroochydore takes council, state government to court

The developer behind plans to deliver 104 units as well as offices and food outlets on a Maroochydore site has been dealt a blow in court. Here’s why.

Capital 22's 104-unit proposal for Maroochydore.

The developer behind a large 104-unit development set to replace two existing op shops in Maroochydore has lost an appeal to gain access to the busy Sunshine Coast road set to be on its doorstep.

The developer, Capital 22 Pty Ltd, appealed the decision of both the Sunshine Coast Council and the Department of Transport and Main Roads to prohibit the development having direct car access to Aerodrome Rd in the Planning and Environment Court.

Capital 22 first lodged plans with the Sunshine Coast Council in April 2022 to build a total of 104 units spread across 12 storeys, as well as office spaces and restaurants at 135 Aerodrome Rd.

The block is currently occupied by two op shops.

According to the development documents 30 of the units would be for permanent residents and the remaining would be used for short-term accommodation.

The block proposed for the development includes three road frontages, Aerodrome Rd, Fairway Dr and First Ave.

The development was approved by the council in August last year, however, the developer subsequently appealed the condition which stated property access must be limited to Fairway Dr, prohibiting cars from accessing the block from Aerodrome Rd and First Ave.

Planning documents show the initial building design included driveways off both Fairway Dr and Aerodrome Rd.

Capital 22's 104-unit proposal for Maroochydore.

Capital 22 argued limiting access to Fairway Dr went against the council’s own planning scheme and impacts on Aerodrome Rd would be “minimal”.

However, the decision handed down by District Court Judge Michael Williamson on August 15, 2024, stated there was evidence to suggest the road would be unable to cope with the added pressure from the development.

The Department of Transport and Main Roads’ evidence included statements from traffic engineers who claim the move would have a detrimental impact.

The court documents state traffic engineers agreed the development should only have access to First Ave and Fairway Dr, due to the traffic issues already plaguing the arterial road.

“The context paints the picture of a busy arterial road affected by friction and delay,” the court documents state.

“The particular part of Aerodrome Road of interest was also described by the traffic engineers as a ‘knot’ or ‘bottleneck’.”

Mr Williamson ultimately denied the developer’s appeal, scheduling a review into the court’s decision at the end of the month.