Jetty fight costs off the deep end

Jetty owner Gabriel Cerasani is furious he has spent $30,000 defending improvement works which have ultimately been deemed minor and aesthetically pleasing.

Gabriel Cerasani is not happy about having to pay legal costs after a battle with Noosa Council over his jetty on Gympie Terrace. Picture: John McCutcheon

JETTY owner Gabriel Cerasani is furious he has spent $30,000 defending improvement works which have ultimately been deemed minor and aesthetically pleasing.

Mr Cerasani said a Noosa Council officer was aware and approved of lighting and security upgrades he carried out on his Noosa River jetty in early 2017, including the addition of two solar panels and a structure to hold them up.

But he said 18 months later he was contacted by another council officer who issued a show cause notice about the panels as there was no development approval.

He said he responded by saying he had previously been told the improvements did not require an operational works permit.

"Council's response was they do not have any record of the plans,” Mr Cerasani said.

"I then, unbelievably, received an enforcement notice to tear down the solar panels and the structure holding them up.”

He said that was despite having told the council he had copies of correspondence backing up his claims.

"I then proceeded with appealing the enforcement notices.

"My lawyer, barrister, town planners all agreed that I would definitely win in court.”

He said two hours after his lawyer filed for hearing date, a letter was sent from council lawyers saying they would withdraw the enforcement notice if both parties paid their own costs.

"Council knew they would lose if it went to court, but they did not think I would spend the money on going to court, so pushed their agenda,” Mr Cerasani said.

That February 27 letter said while the council considered the enforcement notice validly raised the requirement for a development approval for the works, it acknowledged the works were "relatively minor and not aesthetically unpleasing”.

"Accordingly, the council does not consider that the issue warrants expenditure of funds in contesting an appeal,” the letter read.

"Meanwhile, I am $30,000 out of pocket for legal fees,” Mr Cerasani said.

"The reprehensible behaviour of Noosa Council, waste of money and personal attack on a Noosa resident has to be addressed.”

Noosa Council said it "reluctantly” withdrew the enforcement notice.

Development assessment manager Kerri Coyle said the enforcement notice was issued in December last year after numerous meetings, discussions and correspondence with Mr Cerasini, advising him a development application was required prior to any works being carried out.

"Officers confirmed with the state government that apart from approval not being obtained, state consent also hadn't been obtained for the works, Ms Coyle said.

"The private jetty adjoins state-owned land so approval from the state was required before council could give the go ahead on any work.”

She said the Noosa River was internationally recognised for its high environmental and scenic values and it was important to carefully monitor the type of development that occured.

"Jetty 33 extends into the Noosa River and is accessed via public state land so it's not appropriate that jetty owners undertake works on their jetty, other than maintenance, without first obtaining a development approval from council and getting the state's consent.”