Developer to push ahead with plans to expand retail precinct after court decision

A five-year dispute between council and a Sydney investor over a lucrative property north of Brisbane is over — making way for the construction of a new shopping and dining precinct. TIMELINE: HOW THE STOUSH UNFOLDED

The existing shops at 134 Morayfield Rd – the Heritage Centre. A developer is pushing ahead with plans for stage two of the development. Photo Google Maps

A SYDNEY-BASED investor is one step closer to expanding an existing commercial precinct north of Brisbane to include restaurants and retail opportunities after the Supreme Court ruled in his favour.

The battle over the land and plans to expand the shopping precinct, at Morayfield, have been controversial as Moreton Bay Regional Council maintains it is in a high-risk flood zone – but several courts have now sided with the developer.

TAFE towers will not be doubled as developer backs down after community backlash

Lowe Group first lodged an application with Moreton Bay Regional Council to build stage two of The Heritage Centre at 134 Morayfield Rd, Caboolture South, in 2015, after purchasing the site in 2003.

The site of the proposed new development at 134 Morayfield Rd.

The plan was to add an extra eight retail tenancies at the site, behind the existing tenancies.

Moreton Bay Regional Council refused the application stating it wished to resume the land for a detention basin in a bid to reduce flooding on Morayfield Road .

Lowe Group Chair Geoffrey Lowe said the Land Court overturned that decision.

“It ruled that council could achieve their aims with our centre built on piers over the basin, which would have been a cheaper option for Council and achieved both our aims,” Mr Lowe said.

“Despite that court ruling council proceeded to resume the land. Now the Supreme Court has ruled that their resumption is null and void, and awarded costs against them.”

Mr Lowe said he was relieved by the result.

He said it was a win for the community.

“This is a boost for Caboolture and Morayfield in these times of COVID-19 as we will be proceeding with construction as soon as we can,” Mr Lowe said.

“We expect (a) number of locals to be employed in construction on the site over the next 12 months, and on completion we expect the centre to generate 99 full-time equivalent jobs and approximately $15 million in annual economic activity.”

Aerial view of 134 Morayfield Rd – the Moreton Bay Regional Council wanted to resume the land at the back for drainage purposes. Photo: Google maps

The Lowe Group conducted public consultation in March last year to determine what aspects to include in its new development application.

Popular choices indicated by those surveyed included restaurants and an entertainment precinct.

The Lowe Group is yet to lodge a new application with the Moreton Bay Regional Council.

Mr Lowe said he has requested a meeting with newly elected Mayor Peter Flannery to “discuss the way forward”.

A Moreton Bay Regional Council spokesman said the council had sought to resume the land for drainage purposes and to reduce flood risks in the surrounding areas.

“Council refused the development application on these grounds, but the application was approved on appeal by the Planning and Environment Court,” the spokesman said.

“Council attempted to protect the area from development as the planning scheme recognises the area as a high risk flood area.

“Alternative flood protection measures are now being investigated.

“The Court has ordered Council to pay the applicant’s legal costs.

“Council is yet to receive the applicant’s claim for costs, this will be assessed once received.”

Mr Lowe said he had experienced some setbacks in the 16 years since he purchased the site.

“But with this latest judgment we’re hoping for plain sailing ahead,” Mr Lowe said.

The Lowe Group also recently purchased the Lawnton Bunnings Warehouse.