Decision on Sekisui Yaroomba bid nears

Why courts may ultimately decide fate of controversial Sunshine Coast development bid

THE battle over Sekisui's Yaroomba development application was expected to move from the streets to the courts whatever the decision reached by Sunshine Coast Council. Picture: Brett Wortman

COMMUNITY groups opposing Sekisui House development plans for Yaroomba will meet Sunshine Coast Mayor Mark Jamieson today ahead of a looming vote to approve or reject the proposal.

Development Watch President Lyn Saxton said a decision had to be made to end four years of uncertainty about a proposal that has won wide business support but angered residents because it exceeded the limits of the 2014 Planning Scheme.

She said the delays were beginning impact on residents who had been held in a state of suspense over that time.

Whatever the decision, whether for or against the development, Ms Saxton said she anticipated it would be appealed.

Sekisui House development manager Evan Aldridge declined to comment saying the developer was just waiting for the council to make a decision.

Opponents have been buoyed by a Supreme Court decision in May that upheld an appeal by a neighbour against Brisbane City Council's approval of redevelopment of the former ABC studios site in Toowong.

The Supreme Court decision, which found the Planning Scheme height limits the proposal far exceeded were an expression of the public's interest, came after the Planning and Environment Court had earlier upheld the approval.

Jo-Anne Bragg, principal solicitor with the Environmental Defenders Office said the appeal decision found that there was public interest in upholding 'obedience to planning laws', and that it was not for the decision maker to second guess the public interest in what was in a planning scheme.

"The appeal decision additionally found that the 'balancing exercise' Judge Rackemann had undertaken when considering economic and social need had no basis in law, and that the Judge substituted his personal views of the public interest for that which was expressed in the Scheme," Ms Bragg said.

The council has yet to confirm whether the Sekisui application would come to a vote this month.

In response to questions a spokesperson said council officers were reviewing the development application and would prepare an assessment report for consideration at a future meeting of council.

That assessment report was due for completion by June 29 after Sekisui agreed in March to an extension to its delivery.

Cr Jamieson said a vote this month was yet to be confirmed but was possible.

Ms Sexton said at the meeting with the Mayor, she would ask for the report to be immediately released to the public once completed.

She said it was crucial and followed an earlier 2015 document that had recommended against approval and which was supported by councillors despite Sekisui having withdrawn its application three hours before the decision.

"Nothing has changed," Ms Sexton said. "So we anticipate the report should not have altered.

"It (the application) may have reduced slightly but not the height, density, character, visual amenity and environmental, traffic and flooding impact."

Originally published as Decision on Sekisui Yaroomba bid nears