A developer has launched a court appeal after its proposal to establish a shopping centre with a full-line Coles supermarket was rejected.
The NeuBau Group is appealing to the Planning and Environment Court after Sunshine Coast Council decided to refuse a material change of use application for a 10-hectare site at 22 Palmwoods-Montville Road, Palmwoods.
The proposed shopping centre would consist of a single-storey building with a gross floor area of 3869sqm.
It is located is about 230m from the main street and 350m from the town centre.
Ten out of 11 councillors voted against the proposal at their Ordinary Meeting in August, after a council report recommended it be refused.
The council’s Refusal Decision Notice outlines the reasons for the decision, which include the site being outside the town centre and the building being out of character with the town.
“The proposed development would draw retailing activity away from and outside of the Palmwoods Local Retail Activity Centre,” it stated.
“The development is not sympathetic to the existing and intended scale and character of surrounding residential development.”
There is also a long-existing approval for a smaller supermarket within the town centre. Developer Burnett Street Nominees Pty Ltd is behind that project.
Court documents filed on October 2 by Connor O’Meara Solicitors on behalf of NeuBau state the grounds for the appeal.
“It comprises a shopping centre of a size and function that supports the role and function of the Palmwoods Town Centre as a local (full service) activity centre, providing a wide range of convenience goods to meet the needs of Palmwoods resident population and the immediate surrounding rural communities,” it states.
“The proposed development is sympathetic to and respectful of the existing and intended scale of surrounding residential development.”
It also argues that no other supermarket in Palmwoods is likely to be delivered in the near future.
“A supermarket has not been delivered and it is unlikely that a supermarket will be delivered in the Palmwoods local (full service) activity centre either within a reasonable planning horizon or at all,” it states.
“There is an economic, community and planning need for the proposed development, and the proposed development will materially improve the accessibility of the community to a full-line supermarket operated by a national retailer which will deliver increased competition, improved convenience and significantly add to choice.”
Burnett Street Nominees Pty Ltd last week filed a notice of election to be a co-respondent to the appeal, alongside the council.
No further dates for the appeal have yet been set.
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