Sunshine Coast surf park developer Sanad Capital blames Covid-19 for delays
A long-running court challenge between a Sunshine Coast surf park developer and the council has ended, while another appeal continues.
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A five-year dispute over how much a Sunshine Coast surf park and resort developer should pay the council in development fees has ended.
Sanad Capital has been involved in court appeals against Sunshine Coast Council since 2017 over its infrastructure charges – with concerns raised about stormwater fees.
Last Friday the Planning and Environment Court upheld Sanad Capital’s appeal.
The company has approval for the $130m Invigorate Resort, Actventure Water Park and Endless Surf wave pool at Steve Irwin Way, Glenview.
However a separate court appeal against the council is still underway.
Sanad appealed the council’s approval of Surf Parks Australia’s wave pool – which was given the green light in December last year.
Sanad Capital – headed by former professional golfer Bradley Sutherland – has approval for a 159-unit resort, water park and wave pool.
The company previously stated construction would start in late-2020 and could be completed by 2022.
When asked what caused delays to the project this week a spokesman replied: “Covid and authorities”.
He said the company hoped to open stage one – the water park, family resort and micro brewery – by late-2023 or early-2024.
He said the Endless Surf wave park would be in the next stage and needed to be commercialised through the sale of two and three bedroom apartments.
Competing projects
The appeal against Surf Parks Australia’s approval – which is led by Sunshine Coast real estate director Craig Morrison – is due for review on March 30.
Sanad Capital argues there is no economic need for the surf park which would be located about 20km away from the Glenview facility.
Surf Parks Australia’s representatives Connor O’Meara Solicitors requested for a dispute resolution plan and evidence from expert witnesses.
Mr Morrison said earlier this year that he hoped the appeal would not delay the estimated $30m project.
“Our team has the technology, funding and experience to deliver the project, so it is disappointing that the appeal has been filed against the council,” Mr Morrison said.
Council costs
Sanad Capital took the council to court over a stormwater infrastructure fee which it described as “unreasonable”.
At a review on Friday the Planning and Environment Court upheld Sanad Capital’s appeal.
Judge Gary Long ordered new infrastructure charges under a revised version from the council with a $230,412 stormwater fee.
Sanad’s argument against the council’s infrastructure charge was that no stormwater trunk infrastructure is provided for the development.
The battle over charges dated back to 2017 when the council approved earlier plans for the Steve Irwin Way tourist facility and included stormwater charges that were also appealed at the time.
The original stormwater infrastructure charge was $800,320.
Early disputes
Retired water park expert Arthur Downing took Nurrowin Pty Ltd, a company linked to the developers, to court in 2016 after he claimed to have identified the site for the project and obtained early approvals.
The Waterplay director claimed to have obtained the necessary Material Change of Use required to allow a large-scale tourism development.
Mr Downing took the matter to the Supreme Court of Queensland where he claimed to be owed $1.25m.
As reported by the Brisbane Times, it came among a series of legal actions in the Queensland courts between various parties.
It is understood the matter was resolved outside of court.
A Sanad company spokesman said the dispute with Mr Downing was resolved “ages ago”.
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