Developer Noble Ventures reveals $50k spending on Robina retirement village tower flood mapping, official appeal lodged against Gold Coast City Council
Developers of a rejected Robina retirement village tower project say they spent thousands to plan for a "one-in-2000-year" flood event - only to be rejected by council. Now the details of their appeal and how they plan to get the project across the line has been revealed.
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DEVELOPERS of a controversial retirement village tower project say they spent more than $50,000 planning for a one-in-2000-year flood event, only to be rejected by councillors.
Noble Ventures, headed by brothers Daniel and Roger Noble, have appealed the decision in the Planning and Environment Court of Queensland.
Daniel Noble said he had tried to negotiate with councillors to avoid a costly appeal.
The tower was planned for Lot 120 on Lake Orr Drive in Robina, which according to council flood-mapping is in the sixth-highest depth category.
It’s also located just six kilometres from noted Guragunbah flood plain.
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Council officers recommended approval of the tower opposite Lake Orr, arguing the risks to residents had been mitigated despite concerns raised about the flood impact.
A majority of councillors ultimately rejected the project, with Robina-based councillor Hermann Vorster citing “intolerable risks” to the community.
Deputy Mayor Donna Gates and Councillor Peter Young supported the officers’ recommendations to approve the project.
During a full council meeting, Cr Vorster raised concerns about the need for residents to shelter in place, for a rooftop helipad and the possibility of an added strain being placed on emergency resources.
“The reality is the same report that argued for approval also stated for this to be approved the building would need to provide three days’ worth of food for all residents to shelter in place,” he said.
Mr Noble claims Noble Ventures spent upwards of $50,000 preparing for an “absurd” flood risk, presenting council with modelling for one-in-100, one-in-500, one-in-1000 and one-in-2000 year possibilities.
He said it was 10 times the amount of flood modelling done on any of their other projects.
“I understand the Q20, Q50 and Q100, but when you go into Q200, Q1000 and Q2000 space, it’s like ‘what for?’,” he said.
“We actually ended up showing designs for how the piers and footings ... wouldn’t end up having an impact on the water flow in a flood. I can’t think of any other building that has that. If you look at all the applications north and south of our site, I guarantee they don’t have Q2000, Q1000, Q500, Q200, Q100 modellings done.”
The 17-storey tower, to be known as Noble Life, would overlook Bond University’s Robina campus from Bermuda Street.
The 6647sq m site at the edge of Lake Orr was designed to have 121 units and 242 bedrooms, with no nursing home facilities or medical staff in the building.
Mr Noble has argued the “shelter in place” was the recommended safety plan, citing the successful 2012 appeal of a Carrara tower on the same flood-plain.
The Planning and Environment Court appeal quoted the Queensland evacuation guidelines for disaster management groups: “The best option when evacuation is not necessary is sheltering in a safe and secure structure at home or with family and friends.”
“Whilst acknowledging these concerns (about flooding), (one witness) was supportive of the subject proposal, because of the lengths to which the appellants have gone,” court documents read.
“(These lengths) ensure that, when the access road becomes untrafficable by ordinary cars, the site acts not as an isolated island at risk from extreme flood (...) but rather as a true ‘safe haven’.”
At the full council meeting, Division 5 councillor Peter Young said he “cannot support” council’s reasons for refusal.
“I don’t think they’re defensible on the grounds of consistency or legal defensibility.
“If we look at the reasons for refusal before us, these theoretically would restrict or prevent any development on the site, which is clearly identified as being suitable for development.
“The only distinct reason for refusal here are those conditions that refer to potentially vulnerable people.
“In every other respect, any development on the site would have to be refused given these conditions of refusal.”
Developers have argued the proposal “will mitigate” the risk to people and property, as the finished floor levels would be above the designated flood levels.
“The proposed development has been designed so that all habitable rooms are to be established from the fourth level upwards,” the appeal reads.
“The first floor of habitable units of the proposed development have been designed to be located at 13.45 metres (above sea level), about the probable maximum flood level at 6.88 metres.
“It incorporates a rooftop helipad on top of the building of evacuation (if there is) a medical emergency during a flood event, thereby mitigating risk to people to both an acceptable and tolerable level.”
They add the tower will also have storage space for alternative power supplies, food, water and medical equipment in a flood emergency.
EARLIER:
A developer has lodged an appeal into the Gold Coast City Council’s rejection of a Robina retirement village tower, labelling the decision “erroneous, unreasonable and unlawful”.
Despite concerns about potential legal action, councillors last month voted to snub the tower plan after concerns raised about “intolerable” flood risks.
Developers Noble Ventures vowed they would immediately appeal the rejection, has lodged an appeal with the Planning and Environment Court.
Noble Ventures director Daniel Noble said the process will take “as long as it takes” but remained open to negotiating with council.
“Obviously, we would still like the opportunity to sit down with council and negotiate a better outcome that works for everyone, but if not we’ll proceed,” he said.
“The council has made a decision and they may choose to enter into a without-prejudice discussion to see if the matter can be resolved outside of a courtroom.”
The group said it had previously extended an olive branch to the City in an effort to get the project across the line.
In emails sent to all 14 city councillors, Mr Noble said he hoped to “overcome any and all objections”.
The 17-storey tower, to be known as Noble Life, would overlook Bond University’s Robina campus from Bermuda Street.
The 6647sq m site was designed to have 121 units and 242 bedrooms, with no nursing home facilities or medical staff in the building.
Council officers had already recommended approval for the project when a majority of councillors rejected it in early August.
Only Deputy Mayor Donna Gates and Division 5 councillor Peter Young opposed the decision.
A 12-page appeal lodged in the Brisbane court rebuts council’s flood concerns: “The decision to refuse the application is erroneous, unreasonable and unlawful.”
“(We can) increase jobs, add much needed retirement infrastructure and services and most importantly meaningfully improve the lives of men and women who have worked hard their entire lives.
“We would welcome the opportunity to listen to your feedback and hopefully negate any requirement to have to appeal and escalate this matter to the Planning and Environment Court.”
It comes after Mr Noble said in early August he was waiting for an official notice of rejection from council before lodging an immediate appeal.
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Council officers had recommended approval for the tower opposite Lake Orr, arguing the risks to residents had been mitigated.
But Robina-based councillor Hermann Vorster in a strong address during a full council meeting outlined what he considered serious community safety flaws.
“The reality is the same report that argued for approval also stated for this to be approved the building would need to provide three days’ worth of food for all residents to shelter in place,” he said.
“It also acknowledged the only way in and out of the site was subject to enormous risk during flood events and inundation.
“In order to overcome that (the developer) has proposed a helipad to support medical evacuation.
“For me that just underscores some of the critical flaws in the proposal.”
The 17-storey tower, to be known as Noble Life, would overlook Bond University’s Robina campus from Bermuda Street.
The 6647sq m site was designed to have 121 units and 242 bedrooms, with no nursing home facilities or medical staff in the building.
Mr Noble has previously labelled Cr Vorster “disingenuous” for his opposition to the tower, and accused him multiple times of having a conflict of interest.
Cr Vorster, whose wife works at neighbouring Bond University, disclosed this to council early on in deliberation and has said he rejects any suggestion of a conflict.
But Mr Noble maintained Noble Ventures’ accusation: “(Cr Vorster’s) office made it very clear to us in no uncertain terms that they would not meet with us, at any time, to discuss this development.
“They said (he would not be available) at any point, ever.
“To be so violently against our proposal, yet not want to meet with us to discuss outcomes, we found very strange.”
Cr Vorster has said he declined the meeting initially due to this year’s local council election, then because he “doesn’t want to make a habit” of meeting developers.
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