Spit developer Gordon Corporation launches legal battle against neighbouring Ritz Carlton development
A $480m makeover of Mariners Cove including a five-star Ritz Carlton hotel has sparked a legal war with a rival developer launching an appeal against the development.
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A $480 million makeover of Mariners Cove including a five-star Ritz Carlton hotel has sparked a legal war with a rival developer launching an appeal against the development.
Gold Coast City Council, following a recommendation of approval by planning officers and backing of all councillors in October last year, gave the green light to a revamp of one of The Spit’s oldest sites.
But Gordon Corp, led by Tim Gordon and co-developer Bruce Mathieson, has lodged an appeal in the Planning and Environment Court in Brisbane against the Gold Coast City Council and Mariners Cove Holding Pty Ltd.
The development row is about Mariners Cove’s planned underground bar, shops and indoor gym along with a rooftop hotel and function facility, and how drunken patrons will impact on neighbouring up-market residential precinct.
Gordon Corp plans to begin construction of $300m Mantaray Marina and Residences on a vacant site directly south of Mariners Cove in the next three months.
Both Gordon Corp and Giannarelli and Pelligra groups, the developers behind the Main Beach Superyacht Marina and Ritz Carlton Hotel, declined to comment when approached by the Bulletin on Sunday.
“Due to the severity of the issue, we cannot make any comment,” Giannarelli Group director Dion Giannarelli said.
Council planning chair Councillor Mark Hammel said the City would defend its approval.
“I can confirm that an appeal has been lodged against the City’s approval of the project. The grounds of the appeal have been set out after a without prejudice meeting was held between the parties,” he said.
“Unfortunately, the parties have not been able to come to an agreement to resolve the matters and a hearing will now be heard in the Planning and Environment Court. This hearing is scheduled for February. Council remains committed to its original approval and conditions.”
Lawyers for Gordon Corp say the development should be allowed only if the Giannarelli and Pelligra groups amend their plans and meet new conditions.
They say the underground commercial space will lead to a shortfall in car spaces.
“Those elements and uses should be removed or reduced in size so that compliance with the number of car parks required under the Transport Code can be achieved on the site,” lawyers wrote.
The southwestern rooftop hotel recreation space would cause “unacceptable noise and light impacts” to neighbours at Gordon Corp’s luxury residences.
The Mariners Cove hotel could accommodate 450 patrons and would open from 8am to 10pm, Monday to Sunday.
The project has caused The Spit’s biggest neighbourhood spat with Marina Mirage, to the site’s north, also joining Gordon Corp in lodging objections in the lead-up to council approval last year.
Their concerns were also noise from the rooftop pool area and the downstairs space becoming a nightclub, with fears about drunken guests wandering around their high-end tourism and residential properties.
City Planning received 20 submissions opposed to the development, and none in support. Submissions included concerns about loss of marine berths, noise, carparking and traffic.
The development also signalled the end for 30 tourism businesses using the Mariners Cove berth.
Lobbying by the Marine Tourism Association since has led to speculation the $100m tourism marine industry will be based at either Carter’s Basin or Howards Landings on the western side of the Broadwater.