100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Mansion owner must pay council investigation and court costs after losing Supreme Court appeal

Do you have a news tip? Click here to send to our news team.

Local scientists confirm rare minke whale presence

Acoustic data captured by local scientists has confirmed the presence of an elusive marine mammal in waters north of the Sunshine Coast. Researchers from the More

Man in serious e-scooter crash

A man has been rushed to hospital after a serious e-scooter crash in the early hours of the morning. The man, in his 30s, was More

Online retail giant blocks rodent poison sale to save birds

A form of rodent poison that inadvertently kills possums, eagles and owls has been removed from a major e-commerce platform, amid calls to ban More

Ashley Robinson: Good memories help goodbyes

December is a significant month when you have a birthday and Christmas all within a few weeks. Then add work break-ups and kids on More

Photo of the day: glassy waves

Glass-like waves breaking on Mooloolaba Beach at the beginning of a hot summer day. Photographer: Helen Browne. If you have a photo of the day More

Long-awaited 85m pedestrian bridge opens

A new pedestrian and cycle bridge has opened as part of a developer’s $350 million investment in key transport and community infrastructure in a More

A waterfront mansion owner who illegally used the monstrous home as an “accommodation building” has lost an appeal in the Supreme Court and faces a hefty legal bill.

In January this year, Sunshine Coast News revealed the owner of a 17-bedroom, 17-bathroom property at 9 Fortitude Pace, Birtinya, had been slapped with a range of enforcement orders.

These included removal of extra kitchens and separate water and power metering installed in each bedroom, as well as replacement of internal doors fitted with keyed locks.

The court action against owner Michael Gavin was launched by Sunshine Coast Council after neighbours complained about the number of people coming and going from what was described as a ‘secret hostel’.

Planning and Environment Court Judge Glen Cash QC found Mr Gavin had contravened regulations in the residential zoned area.

He restrained him from using the residence for anything other than a “dwelling house’’.

As well as barring the owner from “letting or advertising for lease individual rooms, apartments or levels”, he ordered a number of rectifications.

Judge Cash ordered that within 30 days the respondents must pay Sunshine Coast Council’s investigation costs of $21,666.51 and costs of the court proceedings “on the standard basis’’. While this amount was not detailed, it is understood such proceedings can cost as much as $10,000 a day.

On January 14, the respondents filed a notice of their intention to appeal Judge Cash’s decision.

They also sought a stay of any orders requiring changes to the building until finalisation of proceedings in the Court of Appeal.

On February 12, Judge Cash agreed to allow Mr Gavin 45 days instead of the original timetable of 30 to complete the work, citing the current difficulty in securing qualified tradespeople.

However, he ruled against putting rectifications on hold.

The Court of Appeal heard that the central contentions advanced to challenge the original orders were that they were beyond the power of the P&E Court.

In their ruling handed down on October 8, Justices Hugh Fraser, Philip Morrison and David North found this was not the case.

They ordered Mr Gavin to pay the respondent’s costs.

The view from one of the bedrooms in 9 Fortitude Place, Birtinya.

 

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share