Sekisui’s Yaroomba plan approved after Development Watch court bid
Sekisui House’s controversial five-star hotel and housing proposal in the sleepy Sunshine Coast beachside suburb of Yaroomba has been approved after a five-year legal fight.
Sunshine Coast
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A judge has approved a controversial development at Yaroomba following a five-year battle between community groups and the Sunshine Coast Regional Council alongside developer Sekisui House.
Judge Nicole Kefford delivered her 269-page finding in the Planning and Environment Court in Brisbane on June 9, 2023 following a hearing in Maroochydore in August last year.
She dismissed an appeal brought before her by community group Development Watch and the Sunshine Coast Environment Council.
The controversial development application on 18.5ha at Yaroomba was also approved.
The Sunshine Coast Council had granted Sekisui House the approval after a six-in-favour and five-against vote by councillors in 2018, with Mayor Mark Jamieson and five other councillors — Councillors John Connolly, Christian Dickson, Steve Robinson, Tim Dwyer and Peter Cox voting for it.
Councillors Greg Rogerson, Jason O‘Pray, Jenny McKay, Ted Hungerford and Rick Baberowski voted against the development.
Court documents showed the developer wanted approval for a five-star, 220-room seven-storey hotel, commercial space, an “educational establishment”, Surf Life Saving Queensland facilities and about 133 other dwellings in buildings between five and seven storeys.
Court documents also stated stages two to five of the development were not designed in detail but the Yaroomba Beach Master Plan allowed for the hotel and 740 dwellings.
More than 11,500 submissions about the development were made to the council and of those submissions more than 9200, including more than 3000 local residents, opposed the development.
In 2020, Judge Kefford upheld the council’s approval of the development in an appeal brought to the Planning and Environment Court by Development Watch and the Sunshine Coast Environment Council.
Development Watch then appealed in the Supreme Court.
Last year, the Court of Appeal found Judge Kefford had made three errors of law in her 2020 judgment including that she failed to make a finding about the expectations of the local community about the height of the buildings and structures.
The matter returned to the Planning and Environment Court.
In her June 9 decision, Judge Kefford said the design of the proposed development she was assessing was different to that considered by the public because Sekisui House changed its application “to significantly reduce the residential density” after it was publicly notified.
“I have read, and carefully considered all 24, 496 pages of submissions in the 28 lever-arch folders that comprise Exhibit A3,” the judge stated in court documents.
“My consideration of those 24, 496 pages informs my ultimate finding that there is no uniform community expectation (local or otherwise) about the height of buildings and structures that should be permitted to occur on the subject land.”
However, she also stated that buildings with heights of up to seven storeys “exceeds the reasonable expectations” of the local community.
The judge also stated that the laywitnesses’ evidence “varied greatly and provided little insight as to the local community’s expectation about building height”.
“To the extent that it provides insight, it supports a finding that the expectation is that buildings would have a height no greater than 8.5m or two storeys,” Judge Kefford stated.
The judge stated that “on balance” she was satisfied with her 2020 ruling.
“Taken in combination, the matters that support approval are compelling,” Judge Kefford stated.
“They persuade me that the proposed development is meritorious and should be approved.”
Sekisui House put the land up for sale in 2022.
Sekisui House has been contacted for comment.
Sekisui House initially lodged plans in 2015, sparking community protests, before revealing revised plans for a $900m development.
The 2018 council approval started the long-running legal battle as community groups lodged legal appeals.
Development Watch president Lynette Saxton said the community group was “extremely disappointed” with the judge’s decision to allow the “contentious development” at Yaroomba.
“It is open to Development Watch to appeal the matter again to the Supreme Court,” she said.
“We will now have our legal team peruse the judgment in detail with a view to obtaining an advice on our prospects of success of another appeal.
“If that advice is positive, we will liaise with Friends of Yaroomba and the DW committee will then make a decision on whether to proceed with another appeal.”
Similarly, the Sunshine Coast Environment Council’s Narelle McCarthy said she was “extremely disappointed” with the Planning and Environment Court decision.
“As the second appellant in this matter, we will carefully review and consider this latest judgment,” she said.
“We do, however, maintain the scale and intensity of the development poses unacceptable threats to the endangered loggerhead turtle and their sensitive coastal habitat.”
She said Yaroomba was an important site for the endangered loggerhead turtle and the artificial light from the “intensive development” would pose a huge risk to the animals.
Ms McCarthy also said that the environment council considered the proposal was at odds with the planning scheme and the community.
The Sunshine Coast Council has also been contacted for comment.
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