Billionaire Bob Ell ‘pissed off’ about Cobaki Estate court decision

Billionaire property developer Bob Ell, whose company illegally excavated topsoil over an area about three times the size of Sydney’s Royal Botanic Gardens, could be fined a record $5 million. And he is “pissed off” about it. FIND OUT WHY

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A billionaire property developer whose company illegally excavated topsoil over an area about three times the size of Sydney’s Royal Botanic Gardens could be fined a record $5 million. And he is “pissed off” about it.

Bob Ell — a former business associate of murdered standover man Michael McGurk — is potentially facing the biggest fine ever handed out to a property development company in NSW.

His company, Leda Manorstead, was last week found guilty of three breaches of their project approval for their $3 billion Cobaki Estate development in the Tweed.

The Cobaki Estate, 37lm from the Gold Coast, is where billionaire Bob Ell is building 5500 homes.

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One of those breaches was “likely to cause significant harm to the environment”, according to a NSW Department of Planning summons filed in the Land and Environment Court.

Full details of the alleged environmental damage won’t be known until the sentencing hearing, but it could include dust and sediment going into local waterways.

The landmark case will be the first time a property development company is sentenced under tough new environmental laws passed in 2015.

Changes to the EP & A Act increased penalties to $2 million and $5 million for serious breaches of the act.

“We are not happy chappies because we believe we have done nothing wrong,” Mr Ell, executive chairman of Leda Holdings, told The Sunday Telegraph.

“We are pissed off”.

Federal Labor opposition leader Bill Shorten with Bob Ell in 2011.

Asked about whether he was concerned his company could cop a $5m fine, he said: “I am concerned about all of the law”.

The company was found guilty of conducting earthworks — excavating topsoil from a stockpile and moving it to a different location — outside of approved areas.

Leda Manorstead were only allowed to conduct bulk earthworks for a maximum of 5.59ha at a time but the court heard the company had up to 85ha of earthworks going on during October 2014 — an area roughly three times the size of Sydney’s Royal Botanic Gardens.

Earthworks are staged in new housing developments to limit both sediment run off into waterways and dust storms.

The area is so environmentally sensitive Tweed Shire Council banned residents from having cats because of the detrimental impact on koalas in the area. The company is appealing that decision in the NSW Land and Environment Court.

In a separate court matter about the same development, Leda is facing one additional charge of commencing construction without a construction certificate.

Tweed Shire Council Deputy Mayor Chris Cherry.

Tweed Shire Council Deputy Mayor Chris Cherry said: “Council has been assisting the court process to date in the NSW Department of Planning and Environment’s efforts to require the proponent to comply with conditions of a state approved project application”.

Mr Ell, who is worth $1.86 billion, was a close business associate of standover man Michael McGurk, who was murdered outside his Cremorne home in 2009.

Mr Ell was helping fund Mr McGurk’s legal battles with property developer Ron Medich, who was last year found guilty of ordering McGurk’s killing.

Michael McGurk, outside of Waverley Local Court in 2008, where he was facing arson and assault charges. He was shot dead within a year.

He also stumped up $100,000 for Mr McGurk’s bail when he was accused of both assault and an arson attack on a Point Piper property.

The Cobaki Estate development, west of Gold Coast Airport, involves the development of approximately 5500 residential dwellings, retail, schools and wildlife corridors.

A Department of Planning spokesman said “it would be inappropriate to comment as the matter is before the court”.