‘Disgrace’: Council’s court battle to block NDIS units ends

A southeast council has lost an expensive legal battle to thwart a housing project for disabled people after a court ruled ‘unequivocally’ in the favour of a developer.

Disability Housing Investment’s Kevin Nolan says this week’s ruling will allow him to proceed with fitting out the Cleveland units ready for their first NDIS tenants by June.

A four-unit development, set to house NDIS clients, has finally been given the green light after being tied up in court for 14 months.

The Planning and Environment Court in Brisbane handed down its judgment on Wednesday, January 10, with the judge siding with the developer after the Redland City Council halted construction over permit disputes.

The council spent an estimated $300,000 of ratepayer money fighting Boutique Capital Pty Ltd in court over the project, which was abruptly stopped nearly three quarters of the way through development.

The court outcome comes after it was revealed that several NDIS clients have been living long-term at the Redland Hospital due to accommodation shortages.

Developer and owner Kevin Nolan said Wednesday’s decision signalled the end of a stressful feud with the council which had cost him up to $700,000 in costs and unpaid rent.

Kevin Nolan was at his Cleveland property on Friday ready to get workers back on the site. Picture: Contributed

Mr Nolan, who is building the units at Danielle St, Cleveland, said the delay and court action had meant his second NDIS housing project in Peel St, Redland Bay had also been put on ice.

“The ramifications of this action are far-reaching and have deterred other developers from embarking on similar projects in the Redlands, where this type of accommodation is in demand as some people are living in the local hospital,” he said.

“The court ruled in our favour and, after eight months of delays by the council, we can now resume the fit-out so they will be ready for their first tenants in four months.”

Redland council took legal action against Boutique Capital, as the trustee for Disability Homes Investments Growth Fund, in March 2023, after issuing an enforcement notice forcing all building at the Cleveland site to be halted.

During a four-day hearing, the council’s barrister and solicitor claimed the developer had failed to obtain the correct permits and had no council approvals and called for the units to be ripped down.

Capalaba MP Don Brown called for a council apology.

The developer’s lawyers told the court the units were considered Community Residence and no council permit was necessary under state building and planning regulations designed to fast-track social housing.

This week, Planning Court Justice Amanda McDonnell dismissed the council’s application finding that the units were regarded as Community Residence and did not require a development permit.

Redland City Council said people living in Danielle St brought the unit project to the council’s attention with concerns about the impact the large building would have in a quiet residential area.

“The council is disappointed in the court’s decision, which is currently under review during the appeal period,” a council spokesman said.

“The council has always supported the need for facilities for NDIS housing.

“Judge McDonnell acknowledged that the council has never contested the importance and appropriateness of community residences within the community.”

State member for Capalaba and Chief Whip Don Brown said it was a disgrace the Redland council had held up vital NDIS housing and wasted ratepayer money on legal fees.

“These four units, each with two bedrooms, were going to be for four NDIS clients and their carers,” Mr Brown said.

“This has been held up by the council in court challenges for fourteen months and this project could have been done by now.

“The council losing this case means they’ve spent hundreds of thousands of ratepayers’ dollars just to lose this case to try and stop NDIS housing, while we’ve got patients in Redland Hospital who can’t find adequate accommodation.

“This is an absolute disgrace. The mayor should apologise to every single NDIS patient in the Redland Hospital who can’t find accommodation.”

The state government amended the planning regulations last year to ensure NDIS accommodation was fast tracked.