Darryl and Mary Ebert sue Capestone developer for $1.8m

A southeast Queensland couple are suing the developer behind a massive masterplanned community over claims engineering works caused the value of their land to plummet.

A Sunshine Coast couple formerly of the Moreton Bay region north of Brisbane claim stormwater run-off from a neighbouring development wiped $1.8m off their property’s value as it ruined any chance they had of developing their own land.

Nambour man Darryl William Ebert and wife Mary Joyce Ebert filed the $1,816,000 claim against Kinsella Heights Developments Pty Ltd and Urbex Pty Ltd in the Supreme Court of Queensland earlier this month.

The claim centres on the Eberts’ former rural block at 157 Kinsellas Rd E, Mango Hill, which they owned between 1978 and August 17, 2018.

According to the claim, in 2016, Urbex obtained a development approval from Moreton Bay Regional Council to commence its Capestone Estate, a masterplanned community featuring residences, parks and shopping precincts centred around a 12.8ha artificial lake.

Capestone Estate Mango Hill. Picture: YouTube

The Eberts claim the natural topography of the land on which Capestone was constructed “created a natural surface flow off run-off” onto their property.

Under the stormwater management plan submitted by Urbex to MBRC, “allocated detention basins” were created on the boundary between the Eberts’ and Kinsella Heights’ properties, the claim says.

The Eberts allege the stormwater plan recorded they had “consented” to the basins being located on the boundary of the two properties.

“Such representation was false, because the (Eberts) had never granted such consent,” the claim says.

Following the construction of these basins between February – July 2017, the Eberts’ property sustained “an increase in peak flow rates” resulting in 5,020 sqm of “otherwise developable land... no longer being able to be put to this purpose”.

Nambour plaintiffs Darryl and Mary Ebert, formerly of Mango Hill. Picture: Facebook

The Eberts claim they subsequently had to “integrate a large underground stormwater drainage infrastructure to convey concentrated flows along two paths through (their) property”.

The claim says this damage was realised on August 17, 2018, when their property was compulsorily acquired by the State Government on behalf of the Department of Education for the new Mango Hill State Secondary College.

“At the date of its acquisition, the (Eberts’) property had an immediate potential for development (subject to obtaining the relevant planning approvals) for residential purposes,” the claim says.

157 Kinsellas Rd E, with Capestone Estate directly to the north. Picture: Google Maps

“By reason of the nuisance, however, the value of the (Eberts’) property was, at August 17, 2018, diminished in the sum of $1,816,000.”

Kinsella Heights and Urbex are yet to respond to the claim.