The developer of one of the Sunshine Coast’s largest masterplanned communities is taking the local council to court after it refused an application to build a retirement facility.
AVID Property Group, the developer of the Harmony estate at Palmview, has lodged an appeal with the Planning and Environment Court over Sunshine Coast Council’s refusal of the proposal.
The developer had applied to establish a resort-style land-lease retirement community with 94 dwellings and ancillary facilities on 22 hectares at 65 Vantage Way, Palmview, part of the Harmony estate.
The development application was initially made in September 2022, with the council ultimately giving notice of its decision to refuse the application in July this year.
Among the reasons the council gave for its decision were an “unacceptable risk to people and property resulting from bushfire hazard”, with the proposed use as a retirement facility constituting a “vulnerable use” under the State Planning Policy.
“The subject site is mapped under the provisions of the State Planning Policy 2017 as containing a Potential Impact Buffer on its northern, eastern and southern portions, and is mapped as Very High Potential Bushfire Intensity on its eastern and southern portions,” the council’s decision notice stated.
The council also ruled that the proposal did not comply with guidelines for safety and legibility of the road layout, and there was insufficient setback of the front fence.
Court documents, lodged on August 16 on behalf of AVID by Brisbane-based lawyers Cooper Grace Ward, state that any non-compliance, which it did not admit to, could be addressed through relevant conditions and did not warrant refusal of the application.
“Bushfire planning for the land … demonstrates that bushfire risk can be appropriately mitigated and managed to an acceptable or tolerable level (and) is supported by the Queensland Fire and Emergency Services, which has confirmed that the appellant’s planning is ‘sound and covers everything the community could expect during a bushfire event’,” they state.
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The documents also argue the development would have a low-speed traffic environment in the south-east corner of Harmony, where roads serve a local function only, and that it would achieve appropriate transport and parking outcomes.
They also state that council’s requirement for a three-metre landscape strip to the front fence “is in error”.
“The retirement facility can be serviced with all necessary infrastructure to support the development; (and) there is a community and economic need for the proposed development,” the documents state.
An AVID Property Group spokesperson confirmed the developer was appealing the council’s decision.
“AVID is extremely disappointed with the Sunshine Coast Council’s decision to refuse our application to develop important land-lease housing neighbouring our established Harmony community,” they said.
“We strongly disagree with council’s position relating to boundaries and bushland setbacks, and advice from multiple independent experts confirms our position. It is on this basis we have appealed council’s decision.
“As this is now before the Planning and Environment Court, we will not be making any further comments at this time.
“We would like to reassure the broader community that this decision does not impact plans for the existing Harmony masterplanned development.”
Sunshine Coast Council was contacted but declined to comment with the matter before the court.
No further dates for the appeal to be heard have yet been set.
The aerial imagery in this story is from Australian location intelligence company Nearmap. The company provides government organisations, architectural, construction and engineering firms, and other companies, with easy, instant access to high-resolution aerial imagery, city-scale 3D content, artificial intelligence data sets, and geospatial tools to assist with urban planning, monitoring and development projects in Australia, New Zealand and North America.
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