Council set for Supreme Court showdown with developer

A council north of Brisbane is set to face the Supreme Court of Queensland after a decision to resume lucrative commercial property.

Moreton Bay Regional Council has voted in favour of resuming 1.22 hectares of commercial land from owner Genamson Holdings.

A three-year tug of war over a lucrative piece of commercial property north of Brisbane looks set to be decided in the Supreme Court of Queensland.

Land owners, Sydney-based developer Genamson Holdings, filed the claim against Moreton Bay Regional Council on Monday.

It is in response to councillors voting in favour of resuming 12,200sq m of undeveloped land at the back of an existing shopping centre situated at 134-140 Morayfield Rd, Caboolture South for drainage purposes.

Moreton Bay Regional Council has voted in favour of resuming 1.22 hectares of commercial land from owners Genamson Holdings at 134 Morayfield Rd, Caboolture South.

Genamson principal Geoffrey Lowe said he believed the decision was “unjust” and there were other alternatives.

A council spokesman said it would not comment on matters before the court.

It is the third time the council has tried to resume the land since 2016. The first notice was withdrawn and the second amended.

The developer previously tried to expand the retail precinct to double its current size in March 2015, but was refused.

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The council said the block of land was the most “technically feasible and cost-effective” parcel to build a detention basin to ease flooding on Morayfield Rd.

But a 2017 Planning and Environment Court judgment later found it was possible for both parties to be satisfied if the owner built a detention basin underneath the proposed shopping centre.

Councillors voted in favour of taking back the land at a co-ordination meeting in September 2018.

Mr Lowe said Genamson Holdings lodged a claim to the Supreme Court asking it to reverse the decision made by the council.

“We are asking the court to quash this decision because of the improper, unjust and unprofessional way in which it was made,” he said.

“For the sake of council we hope we win because our alternative option for the detention basin is much cheaper than their $6.6 million one and is a win-win for us and ratepayers.

“The area desperately needs jobs. Stage II of our development will provide approximately 99 full-time equivalent jobs and $15 million of economic activity.”