Capital 22 Pty Ltd takes Sunshine Coast Council, State Government to planning and environment court

Dozens of rules imposed on the development approval of a 40-metre tower in Maroochydore have been described as “unreasonable”, as a court is asked to have the final say.

The 13-storey tower in Maroochydore. Fairway Drive perspective. Photo: Cotteeparker Architects

A development company planning to demolish two Sunshine Coast op shops for a 13 storey unit tower in Maroochydore has taken the council and state government to court over 25 conditions posed against the project.

Capital 22 Pty Ltd lodged a development application for the 40m tall unit tower – comprised of 104 units and three floors of office spaces as well as five food and drink outlets on the ground floor – on Aerodrome Rd on April 29, 2022.

But on September 6 the company filed an appeal in the Brisbane Planning and Environment Court against the Sunshine Coast Council and the state government to remove or amend 25 conditions on the project’s approval.

The 13-storey tower in Maroochydore. Aerodrome Rd perspective. Photo: Cottee Parker Architects

Appeal documents state Capital 22 asked that 20 conditions set by council and five conditions from the state government be amended or removed, claiming the conditions were unlawful, irrelevant or unreasonable.

These included making a proposed rooftop gym accessible to the public, limiting the floor size for the food and drink outlets and limiting their business hours, and implementing a security gate to separate which parts of the building were for the public and which were for the residents.

The developers claimed the conditions would require a significant redesign of the development and would cause traffic issues; and argued other conditions were incorrect, inconsistent with other developments nearby, or were unnecessary, excessive or unreasonable.

The 13-storey tower in Maroochydore. First Ave perspective. Photo: Cottee Parker Architects

The proposed tower will replace two op-shops on Aerodrome Rd, the Neighbourhood Aid and the Salvation Army Family Store.

Development documents state the building would feature 16 three-bedroom and 88 two-bedroom units, with a proposed pool on the fifth storey and a rooftop gym.

Capital 22 had also applied to allow for short and long term accommodation.

The development was approved in early August 2023, with conditions.

A Sunshine Coast Council spokesman, and a Department of State Development spokeswoman said they could not comment on the matter as it was still before the court.

Capital 22 declined to comment.