Marina Village Holdings 2 lodges appeal over development application dispute

The developer who proposed to build 40 units behind an existing shopping centre has taken council to court to dispute a notice requesting more than $133,000 in lodgement fees.

BRD Group submits plans for luxury Marina Village, Pelican Waters.

A developer who has proposed to build a set of 40 units behind an existing shopping complex has taken council to court to dispute a lodgment fee.

Marina Village Holdings 2 Pty Ltd submitted an appeal to the Planning and Environment Court against Sunshine Coast Council over a proposal for 2 The Basin, Pelican Waters.

The proposal is specifically an application to change a development permit for a shopping complex, to include approval for a set of 40 units with retail and dining outlets on the ground floor.

The residential complex - offering 40 three-bedroom units across two six-storey towers - will be directly adjacent to the Dockside Village, which opened less than a year ago.

Of the Dockside Village, its main tenant, W’Gusto IGA, recently closed its doors after being put under liquidation due to millions in debt.

Aerial view of the Dockside Village at Pelican Waters. Photo: Flux Property.

The appeal has arisen over the developer claiming the application to be code assessable, which has been opposed by Sunshine Coast Council who have stated it is impact assessable.

According to the appeal documents, the developer requested council withdraw their action notice, issue an invoice for a code assessable application fee and, upon payment, accept the change application as properly made.

Marine Village Holdings claims Sunshine Coast Council handed the developer an action notice in September, 2024, which defined their application to be “not properly made” as their proposal exceeded the height limit and maximum gross floor area for the shopping complex component.

This triggered impact assessment requiring a fee of $126,367.50.

A code assessable fee would be about $30,000.

Appeal documents show the developer responded with an amended application which reduced the gross floor area to fit within the allowance.

Render of the proposed luxury Marina Village, Pelican Waters.

Render of the proposed luxury Marina Village, Pelican Waters.

In October, 2024, council returned an amended application notice stating the height limit had still been exceeded, and a lodgement fee of $133,3450 was required.

In its action notices, council notes in “The Southern Lakes” Pelican Waters Planning Area Code, a map shows the property’s maximum height as three stories.

“Council notes that you have asserted that Figure 1 varies the height limit to six storeys,” documents read.

“However, Council considers that Figure 1 is only relevant in relation to identifying required setbacks, not height limits.”

The developer has argued the height limit has been established as six storeys in the area code.

In appeal documents, the developer states the “Figure 1” which council referred to has the lot labelled as “max six storeys”.

Originally published as Marina Village Holdings 2 lodges appeal over development application dispute