Development Watch, Sunshine Coast Environment Council asked to list issues for judge’s consideration

The same judge who ruled against Development Watch and the Sunshine Coast Environment Council in their Yaroomba development appeal has overseen the matter’s latest court mention.

The Yaroomba Sekisui House development case has returned to the Planning and Environment Court in front of Judge Nicole Kefford.

The matter was mentioned on May 24, 2022 in Brisbane.

In the May 24 mention in the Planning and Environment Court, Judge Kefford asked Development Watch and the Sunshine Coast Environment Council – which the court registry confirmed was an appellant on the latest matter – to file documents by June 10 that identified issues they say require a determination in light of the Court of Appeal decision in February.

The appeal has been listed for its next mention in front of Judge Kefford on June 27.

In 2018, the Sunshine Coast Council approved Sekisui House’s development application that meant it could build a hotel up to seven storeys on beachside land at Yaroomba as well as a residential community of up to four storeys.

Development Watch and the Sunshine Coast Environment Council launched an appeal against the council’s decision in the Planning and Environment Court, which it lost in 2020 in front of Judge Kefford.

Development Watch appealed the decision in the Supreme Court in early 2021.

The Court of Appeal in February, 2022 found three errors of law in the earlier decision by Judge Kefford to dismiss Development Watch’s appeal and approve the application for the beachside resort and development.

In a Court of Appeal order handed down on May 17, 2022 in Brisbane, three judges ordered Sekisui House and the Sunshine Coast Council to jointly pay two-thirds of Development Watch’s Supreme Court appeal costs.

The judges also found the matter should be returned to the Planning and Environment Court.

Following the February decision, Development Watch submitted the whole case should be returned to the Planning and Environment Court for re-hearing in front of a different judge.

The court documents state Development Watch had sought a fresh hearing because of the “strong findings made by the primary judge on critical matters that were adverse to its interests”.

The council and Sekisui House (SH Coolum Pty Ltd) submitted the case should be resubmitted to the Planning and Environment Court for determination by the primary judge citing the potential for unnecessary waste of resources among their reasons.

Judges Philip Morrison, Philip McMurdo and Martin Burns rejected Development Watch’s request for a new judge.

“I am not persuaded that the case should be remitted for re-hearing before a different judge,” Justice Burns said.

“Rather, it should be remitted for hearing by the Planning and Environment Court according to law.”

Justice Burns also ordered Sekisui House and the council pay “two thirds of the appellant’s costs of the application for leave to appeal and appeal”.