Developer threatens further action after council takes back land

A two-year battle for a prime piece commercial land north of Brisbane has led to claims the tug-of-war is impacting businesses, even though the regional council – which recently rejected a development application – says it’s in their best interests.

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

Moreton Bay Regional Council (MBRC) has voted in favour of turning a prime commercial property into a drainage basin - instead of allowing land owners to develop the site.

Property owner Genamson Holdings has been in a two-year tug of war with MBRC for a share of the 20,230sq m block at 134-140 Morayfield Rd, Caboolture South.

Councillors voted unanimously in favour of resuming more than half of the land (12,200sq m), which is undeveloped, for drainage purposes at a co-ordination meeting on September 25.

The property is 20,230sq m in size and has access to one of the busiest roads in the Moreton Bay region.

It is the third time MBRC has tried to take back the land since it rejected a development application from Genamson Holdings in August 2016 to more than double size of the current shopping centre.

A council spokesman said its flood modelling demonstrated a need to build a detention basin to mitigate future flood impacts in the area.

“(It is) the most technically feasible and cost-effective option for the construction of a detention basin,” he said.

“The project would actually benefit local businesses by helping to protect them from flood events.”

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But Genamson director Geoff Lowe said there were other options that would allow him to develop the land and build an adequate detention basin on the site.

A Planning and Environment Court judgment from September 11, 2017 found Mr Lowe’s proposal was “reasonable”, but MBRC decided against it.

“I do not understand why council is persisting in resuming this land when cheaper and better alternatives exist,” he said.

“They will divert money from other uses, damage the businesses of my tenants, and frustrate my wish to develop the centre.”

Lisa's Willow Tree Cafe owner Lisa Lyon said she moved to the site as there were plans for development.

Genamson Holdings claim’s the MBRC plan could impact 99 full-time equivalent jobs and almost $15 million worth of economic activity.

There are eight small businesses on the existing lettable retail precinct.

Lisa’s Willow Tree Café owner Lisa Lyon said: “I moved to the site two years ago because there were plans to develop the shopping centre.

“Last time (council) tried to take the land back people thought we were closing.

“It has a domino effect onto all of us - less people come over and we have less chance to get business.”

Discount grocer Golden Circle owner John Corboy added: “business is tough enough without disruptions and risk — the problem with this is it creates risk”.

If MBRC does resume the land it will be required to compensate Genamson Holdings - which was purchased in 2003 for $4.4 million.

Mr Lowe said Genamson Holdings would appeal to the Supreme Court that the council has failed to comply with the Acquisition of Land Act 1967 among other issues.

Mr Lowe said legal bills had already exceeded $750,000.