Amaroo On Mandalay’s long-term residents call for compromise to avoid evictions

Two retirees facing the prospect of eviction from their long-term homes have called for a compromise with the council. Read why that option was off the table.

Magnetic Island retirees Mark Fishburn, 68, and Tony Green, 80, are concerned that they might be evicted from Amaroo on Mandalay. Picture: Leighton Smith.

Two retirees facing potential evictions from their long-term residences at Amaroo On Mandalay, Magnetic Island, say they have struggled to meet with Townsville City Council representatives to discuss a compromise.

Former-construction worker Tony Green, 79, has lived at the former-Magnetic Island International Resort for 15 years, while his neighbour, former-health worker Mark Fishburn has lived there since 2017.

Despite both being under the impression they could stay long-term when purchasing their units, this could be jeopardised by legal action launched by Townsville City Council to clarify what accommodation types were allowed according to the development permit.

Mr Fishburn shared a January email from a council planning officer outlining the council’s position, saying the property’s lawful use was for a “Tourist Holiday Resort” – short-term accommodation of holiday-makers, tourists or travellers.

“Regardless of whether the unit is self-contained or not self-contained, the unit is to comply with the existing approval,” the officer said.

Magnetic Island retirees Tony Green, 79, wants to remain in his unit at Amaroo on Mandalay. Picture: Supplied.

“Operating a use on site that involves long-term stay would require a Material Change of Use approval from council.”

Mr Fishburn said this new advice ran counter to previous council statements.

“I took up residence full time at the resort because the council will give you category one rates to your (primary) residence,” Mr Fishburn said.

“When people went to the council over the last 20 years, the council said you can actually stay the whole time, we don’t have a problem with it. It’s only been this year that it has become a problem.”

Since February, Mr Fishburn has sent a “vast array of emails” unsuccessfully seeking a meeting with multiple levels of the council to discuss the accommodation situation.

Magnetic Island retirees Mark Fishburn, 68, and Tony Green, 79, are concerned about their futures. Picture: Leighton Smith.

Worried about his future, Mr Green said council’s legal action was “to remove all permanent residents and long-term renters … putting pensioners out on the street”.

He hoped by meeting with the council, they would reach a compromise to stay in his unit “till I leave this planet”.

A Townsville City Council spokesman said they had engaged with the Body Corporate and Mark Fishburn about long-term residency at the resort for several years.

“A development approval was given in 1975 for the Magnetic Island International Resort to be used as a ‘tourist holiday resort’, and not for residential use,” the spokesman said.

The resort pool at Amaroo on Mandalay. Picture: Supplied.

“The 1975 development approval did not include conditions relating to the duration, in days, that persons can reside at the Resort and it has been difficult to enforce complaints about permanent residential stays.

“Historically, unit owners – through their Body Corporate – have demanded that council take action against permanent residents.”

Aerial view of Amaroo On Mandalay. Picture: Google Maps.

In order to respond to unit owner complaints and the ongoing confusion about the development approval, he said the council filed an application in the Planning and Environment Court to seek a declaration about the exact type of accommodation allowed under the 1975 development permit.

“The court will ultimately decide the meaning of the development approval relating to use rights,” he said.

“While certain residents believe an agreement can be reached about the use of the land outside of the court process, it would be unlawful for council to do so.

“This is a matter of planning and environment law that only the court has jurisdiction to clarify.”

The matter will return to Townsville’s Planning and Environment Court next month.

Originally published as Amaroo On Mandalay’s long-term residents call for compromise to avoid evictions