Landsborough subdivision proposal set to play out in court

A developer seeking to subdivide a large vacant block on the Sunshine Coast has begun legal action against the local government over “unreasonable” approval conditions.

51 Myla Rd, Landsborough.

A developer seeking to subdivide a large vacant block on the Sunshine Coast has begun legal action against the local government over “unreasonable” and outdated approval conditions.

The company, JZS Property Developments Pty Ltd, filed an application in the Planning and Environment Court regarding the Sunshine Coast Council’s response to a development application at 51 Myla Rd, Landsborough.

The 6.67ha block was bought by the company in 2021 for $385,000, according to property data.

According to planning documents the development would create nine separate lots on the site to accommodate low-density housing.

A total of eight lots would be used for residential development, with one lot used a balance lot.

The application filed by the developer in June, specifically intends to change the conditions regarding land dedication, offsetting and fencing requirements.

According to the developer the property is within the urban footprint under the South East Queensland Regional Plan.

The latest planning court application comes almost six years after the controversial block first came before court regarding similar plans to develop the land into smaller residential lots.

According to the planning court documents, the requirements under the South East Queensland Koala Conservation Strategy 2020-2025 mapping mean the conditions previously imposed by the council are no longer relevant.

The court documents also state the developer contests the boundary of land to be taken by the council, especially given no works have begun on the site.

“It is not reasonable that a boundary between developable land and land to be transferred to Council as bushland reserve be based upon outdated information and law, particularly where developments has not commenced,” the court documents stated.

The developer stated in the court application the conditions of the development permit should be altered to reflect this.

Fencing requirements are also proposed to change, providing fire markers along the boundary of the property rather than a permanent “rural style” fence.

Originally published as Landsborough subdivision proposal set to play out in court