Gold Coast development: Council loses legal battle over giant Coomera housing estate

A giant northern Gold Coast housing development was rejected by the council on environmental grounds. Now it’s set to go ahead.

A GIANT northern Gold Coast housing development is set to go ahead after the council lost a legal battle.

The council rejected the Cadmium project, earmarked for a site on Coomera’s Foxwell Rd, early last year over a range of environmental issues.

Council voted the project down despite planning staffers reccomending it be approved.

But the Planning and Environment Court has now overturned council’s decision after the developer appealed against the decision.

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The development was knocked back early last year.

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“Council relies upon a single reason to refuse Cadmium’s development application. It contends the proposed development is inconsistent with the intended settlement pattern, as expressed in its planning scheme, City Plan. Council concedes there is no other reason to refuse the application if this issue is resolved favourably to Cadmium,” Judge Michael Willaimson said in his ruling.

“I am satisfied Cadmium has discharged the onus, and Council’s decision to refuse the application should be set aside.

“The Council’s case is pregnant with the proposition the proposed development will fail to integrate with the surrounding planning context because it comprises multiple dwellings rather than dwelling houses. I do not accept this proposition.”

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Council rejected the project on environmental grounds.

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The project, first proposed in 2017, was for 134 town houses across a four-stage development.

The 3.5ha site would be transformed, with the two-storey houses to cover around 21.9 per cent of the land.

But the number of houses was reduced to 121 by the time the development went before councillors in March 2018.

City planning boss Cr Cameron Caldwell said the council was considering its options.

“Council refused the application on the basis that it did not meet our expectations,” he said.

“Council felt strongly in that resolution and the decision was defended in the Planning and Environment Court

The case went before the Planning and Environment Court.

“The judge found in favour of the applicant and approved the development at a reduced outcome of 111 townhouses

“Council is taking advice with respect to prospects of an appeal to the Court of Appeal.”

Council received 116 submissions objecting to the development, primarily on environmental grounds.

None were made in favour of the project.

Helensvale councillor William Owen-Jones said the legal battle had cost the city a significant amount of money.

“While the City must never shy away from making planning decisions, the most expensive way for the Council, funded by ratepayers, to have planning decisions determined will always be through the court system,” he said.

“In this particular case, 18 months after the initial Council decision, and over $500,000 in combined legal and professional fees, the city finds itself now having to either approve the development with relevant and reasonable conditions or appeal the decision.”