Redland pushes to reverse state disability housing laws with Supreme Court appeal

A block of newly built NDIS units is sitting vacant while a southeast Queensland council launches a second legal fight against their construction, vowing to push to change state laws designed to fast-track disabled housing.

Developer Kevin Nolan outside the units he built for NDIS recipients in Cleveland. Picture: Contributed

Redland City Council has launched a second legal fight against an NDIS housing project, vowing to lobby to ditch new state laws designed to cut council red tape and fast-track disabled housing.

The council lodged an appeal in the Supreme Court to stop construction of Boutique Capital’s four-unit disabled housing in Danielle St, Cleveland, a month after the project was given the green light under court approval in January.

The initial 14-month court battle is believed to have cost Redland ratepayers up to $300,000.

During a four-day hearing last year, 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.

The two-storey units, which the council is contesting.

The units, which were built under new Queensland laws designed to fast-track NDIS housing, include nine bedrooms, nine bathrooms and four car parks on a 708 sqm block in a low-density residential area.

The council said it was appealing Planning and Environment Court Judge Amanda McDonnell’s January decision because the two-storey units did not fit the definition of a community residence and therefore were not exempt from council permits and building codes.

It also said it was committed to lobbying to change new state laws, which came into effect in December 2022, which allow community residences to be built without council permits.

In a statement online, the council said it wanted all “community residence” buildings to be forced to comply with compulsory building codes to preserve neighbourhood amenity.

“The council is mindful of the impact this judgment will have on residents and its implications on the town planning intentions for the locality,” the council said.

“The appeal is unrelated to the development being disability support accommodation, though noting the state government planning exemption for a community residence also allows for the only other lawful use of a community residence to be for youth justice accommodation.”

Specialist disability accommodation provider Darryl Richards said the council’s latest move was stressful. Picture: Judith Kerr

Specialist disability accommodation provider Darryl Richards, whose clients are waiting to move into the units, said the council’s latest move had reignited a stressful feud which had already cost the developer up to $700,000.

“We are not really sure what the council is trying to achieve because the units are already built and are a few weeks away from being tenanted,” Mr Richards said.

“The people with disabilities who want to move in have already been kept waiting for nearly two years and this new delay is going to add to their stress.

“We believe overturning the new state laws will reinstate bureaucratic red tape which the state government has tried to get rid of.”

Capalaba MP Don Brown said ratepayers would be left to pick up the tab for the council’s Supreme Court action. Picture: Contributed

Capalaba MP Don Brown said it was “absolutely astonishing” the council was spending ratepayer money to fight a court decision and to stop urgent housing construction, while trying to reinstate bureaucratic red tape.

“I think it’s a disgraceful decision by the Redland City Council and will waste hundreds of thousands of dollars in more legal fees to appeal a case they thoroughly lost in the first instance,” Mr Brown said.

“This will mean further delays to NDIS clients trying to put a roof over their heads.

“The state has purposefully taken away the red tape for these types of dwellings and now Redland City Council is using ratepayer money to try to reinstate that red tape.

“There are currently NDIS clients still stuck in beds at Redland Hospital trying to find accommodation.

“In a housing crisis, the last thing we need is this council blocking people with a disability from having a home.

“I hope the new mayor drops this appeal once elected.”