Developer to appeal lighting conditions for Buddina apartment complex in court

The developer behind a 73-unit Sunshine Coast high rise is appealing to a court to scrap three strict conditions on his project, located near turtle nesting sites.

An artist's impression of the beachside apartment complex at Buddina. Picture: Council Report

A developer behind a controversial Buddina beachfront apartment complex is taking Sunshine Coast Council to court over its approval conditions aimed at protecting nesting turtles.

Pacific Diamond 88 has lodged a court appeal against the council over its refusal of an application to scrap some conditions imposed on the seven-storey, 73-unit complex.

The Beachfront Buddina unit complex is under construction across six residential blocks on Pacific Boulevard, Iluka Ave, and Talinga St.

In April 2023, the developer lodged an application seeking to get rid of three conditions related to lighting and building finishes on the development, specifically the requirement for glazing to feature non-reflecting tinting, automatic blinds that close between 8pm and sunrise during turtle nesting season, as well as for all indoor and outdoor surfaces to be made matte and dark in colour.

Council rejected the proposed amendment on August 11, 2023, which led to the developer’s recent appeal lodged with the Planning and Environment Court.

An artist's impression of the beachside apartment complex at Buddina.

In court documents Corrs Chambers Westgarth said, on behalf of Pacific Diamond 88, that the appeal should be granted because the council’s decision notice did not state the reasons for the refusal.

“The approved development, with the proposed changes and appropriate development conditions, will continue to comply with all relevant assessment benchmarks,” the court documents read.

They added the proposed changes would not have “any unacceptable adverse impacts”.

The council filed its entry of appearance on August 30, 2023.

The upcoming court battle is the latest in a series of back-and-forth legal fights between the developer, council, and the Friends of Buddina community group since plans for the development were lodged in July, 2018.

Council originally approved the development in September 2019, subject to 74 conditions.

The community group took the council and developer to court to appeal against the 21m-high development, however a judge ruled against them in October, 2021.

A point of contention in the Buddina community was the potential impact of lighting from the apartments impacting on nesting loggerhead turtles.

Buddina Beach is a nesting site for endangered loggerhead turtles.

Friends of Buddina spokeswoman Lesley Dimmock previously said the group supported the council’s refusal of the minor change application.

Developer Rob Scott of Pacific Diamond 88 declined to comment while the matter was before the court.