Developer set to take Sunshine Coast Council to court over subdivision approval conditions
The developer behind a planned subdivision in a Sunshine Coast rural zone has taken the region’s council to court over what they claim are ‘unreasonable’ approval conditions.
Sunshine Coast
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The developer behind plans to build a subdivision in the Mooloolah Valley has filed court proceedings against the Sunshine Coast Council, regarding a series of approval conditions.
The Planning and Environment Court documents stated the developer, Sparkles Alex Pty Ltd, filed an application last week to appeal the Sunshine Coast Council’s approval conditions, which were imposed last month.
The initial plans for the site at 154 Neill Rd, Mooloolah Valley, were submitted to the council in December last year and outlined the landowner’s intention to divide the 5ha lot into multiple rural residential properties.
According to the court documents the property is in a rural zone and is subject to flooding, with part of the 5ha property reserved for the council to use a drainage reserve.
The council’s conditions state the developer is to completely rehabilitate the drainage reserve before work on the subdivision can begin.
“The area to be dedicated to council as drainage reserve must be rehabilitated/revegetated in accordance with the approved rehabilitation plan,” the documents stated.
Additional conditions also prohibit the developer from starting earthworks in certain areas, largely due to the site’s creek, which is in the middle of the property.
The application by the developer also seeks to appeal the conditions regarding the council being transferred a portion of the block.
“The land area to be transferred must by unencumbered by services such as pump stations, services easements or similar operational uses,” the court documents stated.
“The land owner/developer must be responsible for all costs associated with the transfer of the land, including the requirement to obtain a valuation for the land from a registered property valuer and to pay all transfer duty upon transfer.”
According to property data the Mooloolah Valley block was bought by the current developer in November 2022 for $1.5m and is currently occupied by one house.
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Originally published as Developer set to take Sunshine Coast Council to court over subdivision approval conditions
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