Stopping the Palm Beach skyline: councillors view it as a million dollar unwinnable legal war

An overwhelming majority of councillors are reluctant to oppose a glut of code assessable unit towers at Palm Beach. And there’s one simple reason why.

Several sites planned for high rise towers at Palm Beach on the Gold Coast.

AN overwhelming majority of councillors are reluctant to oppose a glut of code assessable applications for unit towers at Palm Beach for fear it will cost ratepayers up to $1 million in legal fees.

They believe the only solution to stopping more high-density buildings in hot spot areas would be for State MPs to support a population cap for the city.

The growing Palm Beach skyline. Picture: Glenn Hampson.

Helensvale councillor William Owen-Jones sparked a planning debate on Facebook after posting about a development application for a nine-story tower in Palm Beach which will be voted on at full council tomorrow.

After a resident posted back saying council should test the courts, Cr Owen-Jones replied: “In my opinion, it wouldn’t be a test case of anything, it would simply be throwing $100,000 plus in legal services down the drain with the distinct possibility of costs being awarded against the ratepayer as well.”

Councillors know the outcomes of similar cases can be much worse, with costs of up to $300,000, and with several development applications being lodged the legal bills could easily top $1 million.

Councillor William Owen-Jones — we must not throw money down the drain. Picture: Richard Gosling.

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Only area councillor Daphne McDonald, supported by hinterland councillor Peter Young, spoke against the nine-storey residential tower on The Esplanade at planning committee.

Cr Young referred councillors to a graphic on their agenda pages showing at least another five similar towers had been approved in the area which would crate a “wall” of buildings.

Council officers recommended approval because the tower was below height limits and had more car parks than required.

Cr Owen-Jones acknowledged the density for the proposed tower exceeded council’s overlay map but the outcome achieved “an orderly and economically efficient settlement pattern”.

“The city has a performance-based scheme that is governed by State planning legislation, and years of case law built up around appeals by applicants and submitters to council approvals,” he wrote.

“There were no reasonable grounds put forward, by any councillor, to the committee to support a refusal. There were no amendments proposed, by any councillor, to the proposed officer’s recommendation that would have seen a reduction in the density.

New nine story tower planned for The Esplanade at Palm Beach.

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“The only option for the building to comply with the density overlay map would be to remove four levels of the proposed building, reducing the number of three bedroom units from 17 to 9.

“However, that type of cut and paste approach to approvals would be totally ignoring the performance-based nature of the State’s planning system. In my opinion, it would have simply resulted in a Planning and Environment Court finding against the city and ratepayer.”

Experienced environmental planner Matt Keys congratulated Cr Owen-Jones, predicting council would have “zero chance” of winning a court battle to stop the project.

“Good on you for being straight up about things. And thank you to you and your colleagues for not blowing ratepayers funds on pointless legal cases,” he said.