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.

Shot reportedly fired at police chopper during pursuit

A stolen vehicle was allegedly driven at police before a shot was reportedly fired at a police helicopter during a dramatic pursuit. Police have charged More

Congestion-busting fix takes step forward at busy junction

Site work is continuing at a busy Sunshine Coast intersection as planning progresses for an upgrade first promised almost two years ago. The Department of More

First new store opens in airport revamp

The first new store in Sunshine Coast Airport’s $170 million terminal redevelopment has opened, offering travellers food, travel essentials and locally made products. Airport CEO More

Supermarket explains increased security measures

A supermarket has introduced licensed security personnel as part of initiatives to improve safety for staff and customers. White’s IGA on Jones Street in Mooloolah More

Girls rally to kick school soccer ban out

A soccer rule at a Sunshine Coast school has been given the boot after a group of girls rallied their classmates and took their More

Coast’s Business Woman of the Year named

The region's businesswomen have been recognised for their achievements at the 27th annual Sunshine Coast Business Women’s Network Awards. The awards were presented at Venue 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