Gmelli Design Pty Ltd files court action against Sunshine Coast council
A Noosa designer has filed legal action against the local government after she sought retrospective approval to alter a floodway, which could have left future residents trapped.
Sunshine Coast
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A Noosa designer has filed legal action against the local government after an application to complete earthworks on a floodplain were rejected due to potential risks to life and property.
The Noosa company Gmelli Design Pty Ltd filed an appeal notice with the Planning and Environment Court on Wednesday to fight the Sunshine Coast Council’s decision to reject an application to complete earthworks on acreage at Kenilworth.
Property data shows the 9.2ha site, which borders the Mary River, was last sold in August 2021 for $750,000.
The broader proposal submitted by Gmelli Design, solely directed by Kristy Giumelli, stated the site would eventually include a house, asking for retrospective approval to widen a waterway.
The council’s refusal notice stated the earthworks proposed by Ms Giumelli would lead to a high flood risk, involving potential floodwater depths of 14m.
Ms Giumelli was issued a show cause notice by the council in September 2023 regarding the works already completed on the property.
The notice labelled the impacts as an “unacceptable risk to life and property” and revealed the sole evacuation path would be cut by floodwaters in a severe weather event, trapping residents.
“The works alter the natural floodway of the Mary River and fail to provide compensatory flood storage or assess the cumulative hydraulic impacts of the fill, thereby adversely impacting the function of the floodplain,” the refusal notice stated.
According to the court documents the company has already completed certain earthworks, but ultimately sought approval involving 192 cubic metres of cut and 3532 cubic metres of fill.
The court documents show the council referred to Ms Giumelli’s own material when rejecting the application.
“The applicant’s own geotechnical report identifies risks of saturation and erosion preventing development that is stable in the long term,” the documents stated.
Ms Giumelli will argue the earthworks can be approved with certain “development conditions”, according to the appeal notice.
Ms Giumelli declined to comment on the matters before the planning court.
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