Sunshine Coast Council responds to latest court decision on Sekisui House

Sunshine Coast Council has refused to reveal if it will continue to stand alongside Sekisui House in a battle surrounding a controversial $900m development.

Sunshine Coast Council has refused to reveal if it will continue to stand with Sekisui House in a court dispute against a community group over a $900m resort project.

Community group Development Watch celebrated a milestone win on Wednesday when the Court of Appeal found in its favour in its battle against the Yaroomba development.

The appeal against an earlier court decision means the Sekisui House and the council as co-respondent could go back to the Planning and Environment Court for the approval to be reviewed.

The resort and development was approved by the council in 2018, six votes to five.

There were 9,288 submissions against it, and nearly 3000 in support.

Mayor Mark Jamieson declined to respond to a question on if his position on the project has changed since he voted in favour of it.

Sunshine Coast Council Mayor Mark Jamieson.

The council has been involved in the court dispute since an appeal was lodged in 2018 against its approval of the project as it was named as a respondent.

A council spokesman on Thursday said it was reviewing the new judgement “in its entirety”.

“It is important to note that the case will be remitted back to the Planning and Environment Court for further consideration according to law,” they said in a statement.

“As such, the matter remains before the courts and the Planning and Environment Court will need to make a fresh determination on the original submitter appeal.”

Lyn Saxton from Development Watch, Jim Moore of Friends of Yaroomba and Narelle McCarthy from the Sunshine Coast Environmental Council, celebrate a major win at The Court of Appeal over the controversial Sekisui House Yaroomba Development. Picture: Lachie Millard

The spokesman said the council would wait until the court’s fresh consideration of the case before commenting further.

Councillors were also approached for comment however most declined or said they could not comment due to it being a court matter.

Councillor Joe Natoli said the court’s decision resorted his “faith” in the legal system.

He said he did not have any plans to call on the council to remove itself from court proceedings but added he would support Coolum Beach’s divisional councillor Maria Suarez if she did.

“I personally have trouble justifying (council’s involvement) when the community has had to fight so hard, raise so much money to defend the town plan as it was before the planning scheme amendment was made, especially considering the huge number of residents against it and council using ratepayers’ money defending their decision,” he said.

Meanwhile Sunshine Coast Business Council has lamented the decision and raised concern it could impact investor confidence.

Artist's impressions of Sekisui House's hotel and residential development at Yaroomba.

Chair Sandy Zubrinich said investors needed surety about the region’s planning scheme and council could support these type of developments.

“The Sunshine Coast has not benefited from a new five-star resort development since the early 1990s while the region’s popularity as a tourism destination continues to grow,” she said.

She said delays to the approval would have an impact on economic and jobs growth, particularly for youth.

Ms Zubrinich said the region was in need of more accommodation options particularly in the lead up to the 2032 Olympics.

Business Council chair Sandy Zubrinich said the region needed resorts such as Sekisui House’s Yaroomba development in the lead up to the 2032 Olympics.

“In reality, the region is in desperate need of multiple new, high-end resorts within the next decade,” she said.

“Resorts such as this bring high-yield visitors to the region as well as business events that deliver visitation midweek, which greatly benefits a tourism industry still recovering from the impacts of the pandemic.”

Sekisui House’s development proposed a new seven-storey, five-star hotel, 753 residential apartments, 98 two-to three storey homes and retail at the small beachside suburb.

Judge Nicole Kefford in 2020 dismissed Development Watch’s appeal against the development’s approval granted by Sunshine Coast Council.

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

Three judges found that she disregarded submissions opposing the development because of height concerns.