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.

‘Privilege’: charity celebrates 40 years of service

A local mobile food delivery service for seniors, people with a disability and their carers has clocked up four decades in operation. Coolum Beach Meals More

Big win for Coast grassroots music festival

A Sunshine Coast hinterland festival has claimed one of Queensland’s top music awards, with organisers pointing to its volunteer-led model as the reason it More

Milestone beckons as Wallaroos take on Kiwis on Coast

Lock Michaela Leonard admits she didn't really know the rules of rugby when she played her first Test for Australia. Now, the 31-year-old will become More

Jane Stephens: we must drive down the road toll

Our roads have become a killing field. That is not an opinion or hyperbole, but cold, concrete fact. As of Easter Monday, Queensland had lost More

Airport calls for proposals for new hotel

Sunshine Coast Airport is calling for proposals to deliver a hotel near its terminal, as part of plans to expand its commercial precinct. An expressions More

New dog access rules locked in 

Changes to dog access areas have been rubber-stamped by local authorities, paving the way for a new network of restrictions and off-leash zones across 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