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.

Shopping centre dining precinct transformation underway

Work is underway on a significant upgrade to the dining precinct at Kawana Shoppingworld, with new retailers, refurbished eateries and improved public spaces scheduled More

No bail for bikie accused over shooting and record bust

A bikie group vice-president alleged to be part of Australia's biggest cocaine seizure is also accused of organising a drive-by shooting via text chat More

Key council building for lease, residential use ruled out

A prominent Sunshine Coast commercial building is being made available for lease, offering businesses the chance to be part of the resurgence of Nambour. The More

Pokie push: council to review gaming machine policy

A local council has voted to explore a policy position that would strengthen its role in reducing gambling-related harm. Noosa councillors have supported a motion More

Private health firm jabs insurers not paying fair share

Australia's biggest private hospital operator has singled out health insurers for not paying their "fair share" for client services. Ramsay Health Care, which has a More

Jane Stephens: the case against ‘castle law’

A person’s home is their castle, worthy of protection. But how far should we be able to go to keep it and those who 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