Minyama homeowners, Sunshine Coast Council in Planning and Environment Court over jetty
A dispute over a jetty attached to a million-dollar Sunshine Coast home has hit court, with vexatious claims levelled against neighbours seeking council reverse its approval.
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A waterfront fight has erupted in the blue-chip suburb of Minyama, after million-dollar homeowners and the Sunshine Coast Council have become embroiled in a battle over a pontoon.
Details of the dispute have been revealed in court documents, including claims the argument was started over one neighbour’s hopes to be able to use a bigger boat on their concrete ramp, but claims access to the ramp has been restricted by the new pontoon next door.
Planning and Environment Court documents state Minyama residents Jay and Elisabeth Heather attempted to challenge the Sunshine Coast Council’s approval of a jetty at the neighbouring property owned by Glynn and Karan Moseley, in 2022.
Documents state the Heathers bought their property at Mooloolah Dr shortly after the jetty at the Moseleys’ home was completed.
The Heathers’ home includes a concrete boat ramp protruding into the canal, the documents state.
Property records show the Heathers bought their property for $1.495m in June 2020 while the Moseleys bought their property for $1.43m in October 2012. The properties are adjacent to each other and separated by Oak Park.
Court documents state the Heathers could not appeal the council’s decision to build the pontoon as it was code assessable, and instead they applied to declare the decision was invalid because of alleged jurisdictional error.
They argued in court documents the council did not consider the need to manoeuvre boats near or access to the boat ramp on their property and that their decision was legally unreasonable, as were the conditions attached to the approval.
Their application was dismissed by Judge Glen Cash on February 22, 2022.
Now, the Moseleys have applied to have their legal fees in the proceeding paid for and claimed their neighbour’s attempt was “vexatious” or “frivolous”. These proceedings did not involve the Sunshine Coast Council.
The Moseleys argued in court documents the Heathers’ application was conducted for an improper purpose, claiming the application was “doomed to fail” and an attempt to challenge the council’s merit but disguised as claims of jurisdictional error.
They then accused the Heathers of starting the proceedings to obstruct the use of their jetty to use a larger boat, the documents state.
Judge Cash said in the documents the Heathers may have hoped – if their application was successful – that their neighbours would have to remove their jetty, but this reason was not classed as “an improper purpose”.
On March 14, Judge Cash ruled the Heathers’ application was not “vexatious” or “frivolous” and was not commenced for an “improper purpose”, and the Moseleys’ application was dismissed, the documents state.
Karran Moseley declined to comment, as did the legal representatives for the Heathers.
A Sunshine Coast Council spokeswoman said in relation to the first decision dismissed in February 2022, the court found the council were not wrong to approve the pontoon build.
They said in relation to the judgment delivered on March 14, 2023, the council was not an active party involved and therefore had no comment on the matter.
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