Huge Freycinet accommodation battle stoush about to unfold in state’s new tribunal system

A drawn-out legal battle waged by a Freycinet tourism operator against a rival Coles Bay operator, and its plans for a massive redevelopment, is about to fire up again.

Friendly Beaches Lodge.

A protracted legal battle waged by a Freycinet tourism operator fighting against plans for a massive accommodation redevelopment has now landed in the Tasmanian Civil and Administrative Tribunal.

Saltwater Lagoon, which operates the Friendly Beaches Lodge and the Freycinet Experience Walks, has spent years arguing Glamorgan Spring Bay Council should not have granted a permit back in 2020 for Coles Bay Holdings to add an extra 28 villas to its existing property at Freycinet Resort.

Now, with permission granted to add new evidence to the case, a tribunal has conceded the stoush could be dragged out even longer.

The development also plans to add four staff cabins, waste and storage facilities, and extra parking to Freycinet Resort, plus refurbish its reception area.

The council’s decision to grant the permit was challenged at the Resource Management Planning Appeal Tribunal (RMPAT), arguing it impacted the area’s “high priority biodiversity values”.

When the tribunal upheld the council’s approval, Saltwater Lagoon appealed to the Full Court of the Supreme Court.

One of its grounds of appeal was upheld, with the court remitting the case back to a differently-constituted tribunal.

Since the case was first appealed, RMPAT has ceased to exist, with the state’s various tribunals being amalgamated into what is now the Tasmanian Civil and Administrative Tribunal (TASCAT).

Last week, Coles Bay Holdings won an interlocutory application to adduce more material in an upcoming TASCAT hearing – unusual in this stage of appeal proceedings where decisions have already been made on prior evidence.

But TASCAT in this instance allowed the application, “in the interests of justice”.

At the upcoming hearing, Coles Bay Holdings will be permitted to introduce new evidence related to a clause in the council’s planning scheme related to the clearing or disturbance of land in a biodiversity protection area.

In his newly-published decision, TASCAT deputy president Richard Grueber noted that the reopening of evidence might even further delay a resolution to the appeal, which began more than three-and-a-half years ago.

He said the site to be considered, as determined by the Supreme Court, was the entire 390ha area, not a smaller area already assessed by RMPAT.

The hearing before TASCAT is scheduled for June 13 and 14 this year.

Freycinet Resort currently has 10 rooms and is set on 1160 acres.

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