Buddina waterfront mansion plans land in Supreme Court

Plans for a multi-million dollar waterfront home to break height limits over a rumpus room and lift have been slammed by a judge who says the appeal is ‘contrary to common sense’.

The former house at 37 Adaluma Ave, Buddina, which sold for $6m in 2022.

Plans for a multi-million dollar waterfront home have come before court with a judge slamming the appeal as being “contrary to common sense”.

Property data shows Daryl and Lydia Burnett bought the property at 37 Adaluma Ave, Buddina in July 2022 for $6m, before demolishing the previous house.

The couple was granted approval to build a five-bedroom home, spanning three levels including a basement, in 2023 by the Sunshine Coast Council.

However, plans submitted back to the council requested approval for an additional storey for a rumpus room and elevator, which would bring the total building height to 10.2m, surpassing the 8.5m height limit in the exclusive area.

The Sunshine Coast Council responded to the application, asking the couple to undergo an impact assessment.

The appeal, brought by Leeward Management that trades as the town planner Project BA, against the Sunshine Coast Council was heard in the Supreme Court of Queensland after it was rejected in the Planning and Environment Court last year.

Leeward Management argued the amended plans did not need an impact assessment, but were instead “code assessable”, which involves a “narrower scope of assessment”, according to the court documents.

The Buddina property has 30m of water frontage.

The five-bedroom home set to be built on the site currently has approval to span across three levels.

Supreme Court Judge David Boddice criticised the argument put forward by Leeward Management’s solicitor, which argued an application did not become impact assessable “merely because of building height”, calling it an “absurdity”.

“During oral submissions, the applicant’s solicitor agreed that a consequence of the construction propounded by the applicant would be that a change application to add four, or even ten more storeys to the building would be code assessable,” Justice Boddice said.

“This would be a remarkable result, and one contrary to common sense, good planning, and the apparent purposes of each of the Planning Act 2016 (Qld) (‘PA’), the BA, and the planning scheme.

“Whether such absurdity is alone a sufficient reason to dismiss the application need not be decided. There are other reasons for rejecting the application.”

The old two-storey home at 37 Adaluma Ave, Buddina was approved for demolition.

The appeal was ultimately dismissed by the Supreme Court, with Leeward Management ordered to cover the Sunshine Coast Council’s costs.

Justice Boddice also found there was no error in the decision of the Planning and Environment Court judge to dismiss the initial application to forego impact assessment.

Both Mr and Ms Burnett were contacted by this publication for comment.

Originally published as Buddina waterfront mansion plans land in Supreme Court