Gold Coast development: Stunning court ruling which allows an 18-level high rise to be built on a 400sq m site

Beachfront residents predict the floodgates have opened for developers to build high rise towers on tiny single housing blocks after a stunning court decision.

Beachfront residents predict the floodgates have opened for developers to build high rise towers on tiny single housing blocks after a stunning court decision.

Councillors are understood to be “gutted” by the precedent and City planning officers in shock as they must decide whether to appeal.

Justice William Everson in the Planning and Environment Court has overturned council’s rejection of an 18-level tower on a 410sq m site at Main Beach which was home to the Lark Cafe.

Council officers in refusing the application said Main Beach had a distinct local character of “high rise development in a generous landscape setting”.

The proposed development in Main Beach Parade in terms of the lot size, site context and the setting of adjacent properties “represents an overdevelopment of the site”.

An 18-level tower planned for the site of The Lark cafe at Main Beach on the Gold Coast.

But Judge Everson allowed the appeal by the developer, finding their plans showed an innovative approach and good design “which will result in an attractive building, appropriately landscaped and capable of accommodating the necessary basement level carparking”.

“It will provide for an interesting street frontage while not creating unacceptable amenity impacts for adjoining residents,” he said.

The site is located on the light rail overlay map, being within walking distance of the trams. The approval of nearby towers Monaco and Masthead also meant the appeal, by the applicant 74 The Esplanade Pty Ltd, was successful.

The Lark Cafe at Main Beach on the Gold Coast. An 18-level tower is proposed on the site.

The Main Beach Association in a mail-out to members said: “Of course, developers wanting to get their hands on Main Beach will be celebrating the precedent created by the Court’s support for a high rise tower on such a minuscule site.

“If you are worried about the current overdevelopment of Main Beach, you ain’t seen anything yet — especially with the imminent introduction of the 75 per cent rule in the Amendments to the Body Corporate legislation.”

The changes mean only a majority of unit owners will be needed to sell to developers.

The site of The Lark cafe at Main Beach on the Gold Coast, where an 18-level tower is proposed.

Ms Donovan told the Bulletin: “We received horrified responses from dozens of Main Beach Association members after we informed them of Justice Everson’s decision to overturn Council’s rejection of an 18-storey development on a site of only 410sq m.

“Residents realised immediately that the decision opens the floodgates to high rise towers on what are basically single house sites.

“They are all hoping that Council will be prepared to invest ratepayer funds in appealing this dreadful decision in the Supreme Court.

“They are also adamant that the Light Rail Overlay, which has made Justice Everson’s decision possible, must urgently be removed from residential suburbs such as Main Beach.”

Area councillor Darren Taylor said the City was considering all its legal options.

He urged the State Government to pass all the amendments to the City Plan to stop overdevelopment.

“I’m devastated. I’m frustrated totally. Our planners are working hard to get the right outcomes for the city,” he said.

The Main Beach skyline on the Gold Coast, with the addition of an 18-level tower on The Lark cafe site. It is the third tower from the left.

“It’s disappointing when the courts overrule. It makes officers’ work even harder.”

A City spokesman said the applicant on May 6 last year commenced an appeal in the Planning and Environment Court against council’s refusal of a development application for a multiple dwelling at 3640 Main Beach Parade.

“It is not appropriate to comment further while the matter is still before the Court,” the spokesman said.

Development industry sources expect the decision will open the door to more projects being approved for smaller sites.

“There is a lot of pressure on the council to deliver more housing at the moment given the population squeeze we are seeing and the state government has yet to explain how we are meant to accommodate more people,” a veteran building said.

“This decision by the court will open the door to more projects being approved on smaller sites but the bigger question will be whether those developments will stack up financially, particularly in the current environment.

“But in the longer-term, this could have implications for a range of projects.

Real Estate Institute of Queensland (REIQ) Gold Coast boss Andrew Henderson said it was critical to strike a balance between the desires of residents and the need for more housing.

“Council is following the wishes of local residents while the court is looking at what is around it and whether it fits with the planning laws and other requirements,” he said.

“We need the development but at the same time you need an area which is comfortable to live in and it is about finding the balance between the two.”

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