Michael Gavin’s appeal rejected after illegal use of 17-bed Birtinya home

A Sunshine Coast man’s appeal has been thrown out after the Supreme Court found he ‘could not be trusted’ to use the supposed 17-bedroom dwelling lawfully.

The owner of a 17-bedroom home has had his court appeal thrown out and been ordered to pay costs after he illegally used the Birtinya property as an accommodation building.

The court ruling made on October 8 required Michael Gavin to pay any costs the Sunshine Coast Council incurred as a result of the court case.

Justices Hugh Fraser, Philip Morrison and David North in the Supreme Court of Queensland found Mr Gavin and JDL Investments “could not be trusted” to refrain from using the supposed “dwelling” unlawfully.

Justice Philip Morrison said Mr Gavin deceived the council twice when he applied for approval to construct the building.

“First, he told the private certifier that he intended to move his family from Yaroomba,” Justice Morrison said.

“Secondly, when told by the council that use as an accommodation house was prohibited, he replied that the proposed use was to be as a ‘dwelling house’, and that the information given to the private certifier was for a ‘dwelling house’.”

In a previous court appearance, Mr Gavin claimed the 17-bed, 17-bath home was for his extended family, but within months of it being built, neighbours noticed new residents moving in.

The court heard Mr Gavin and his family did move in briefly, but after six weeks they moved out again and he immediately advertised for rentals, letting it out to as many as 15 people at a time.

Council officers submitted that after going through the home they found identical rooms on each floor, all with a shared kitchen, laundry and “identical” outdoor settings.

Neighbour Clayton Fiander said in his submission to the court there were “between 12 and 15 people residing in the building”.

Before his appeal was thrown out, Judge Glen Cash gave Mr Gavin 45 days in February to make further alterations so the building couldn’t be used to let out single rooms.

Neighbours Clayton Fiander and Helen Rodgers at Birtinya. Photo: John McCutcheon / Sunshine Coast Daily

Some of the changes included removing stairwell doors, keyed internal locks and the solid-core doors and replacing them with standard domestic doors.

Justice Morrison said all the findings originally made by Judge Cash were uncontested, with both Justice Fraser and North agreeing.

Mr Gavin must pay the council’s investigation costs of $21,666.51 and the costs of proceedings.

Mr Gavin was contacted for comment but declined.