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Woolworths challenges council over restrictions on vegetation clearing

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A supermarket giant has launched a court appeal over conditions imposed by the local council on its plans to clear a block of land on a high-profile corner.

Fabcot Pty Ltd, which is the development arm of Woolworths, lodged the appeal in the Planning and Environment Court on May 8 relating to a block of almost four hectares on the corner of Sippy Downs Drive and Stringybark Road at Sippy Downs.

An application was submitted by Fabcot to Sunshine Coast Council in April 2024 to reconfigure the two lots in the block to include an extension of Central Drive, as well as to clear the block of vegetation.

In February the council approved the application subject to conditions, including that the clearing of the block be done in two stages.

In March, Fabcot requested the council amend its decision, saying the conditions “limit the extent of vegetation clearing until a future development permit for a material change of use is issued for Lot 1 and a building works or operational works associated with a development permit for material change of use is issued for Lot 2”.

An aerial photo of the site at Sippy Downs. Picture: Queensland Globe/Project Urban

Last month the council advised that it did not accept the requested changes.

“The original application sought to realign the boundaries of the site to provide for a through road connection … The proposal also sought to clear the site of all vegetation, with the intention that the resulting lots be ready for future development,” its response said.

“It is highlighted that there is no specific development proposed for either of the newly created lots … The proposed extent of clearing conflicted with a number of performance and overall outcomes of the Biodiversity, Waterways and Wetlands Overlay Code.

“Pre-emptive clearing of all onsite vegetation on the new lots removes the capacity for any future development to retain and protect any of the significant ecological values present.”

Fabcot’s appeal to the Planning and Environment Court argues the conditions are an “unreasonable imposition”.

A diagram showing Lot 1 at the top, closest to the Sunshine Motorway, with Lot 2 below and the Central Drive extension between them. Picture: Contour Consulting Engineering

It states the vegetation on Lot 1 is “comprised largely of exotic species and weeds”, while Lot 2 “does not have ecological values which require it to be protected in preference to the planning scheme’s intentions that the land will be developed in an intense manner consistent with the land’s Major Centre zoning”.

A Woolworths spokesperson said they were hopeful of resolving the issue.

“Woolworths owns a Town Centre-zoned site on Sippy Downs Drive that was part of a potential long-term network solution for the area,” they said.

“The site has been approved for a reconfiguration of lot (two lots into two lots) and operational works (clearing) by the Sunshine Coast Council, subject to conditions that it’s cleared in a staged approach.

“We’re appealing a condition within this decision, requesting instead to clear the site in its entirety to help minimise the risk of bushfire and illegal dumping for neighbouring residents.

“We’re hopeful of a quick resolution as we continue to also review the ongoing requirements for this site.”

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It is understood Woolworths would engage a fauna specialist to conduct surveys of the site before any potential works began, and would also engage an expert fauna spotter and catcher to be present on site as part of the supervision of any potential works.

An application to develop the site was approved in 2012 after it was ‘called in’ by the then-Minister for Local Government, Paul Lucas. It included plans for retail (shops, restaurant, discount department store and supermarket), commercial (office, convenient restaurant, indoor recreation and medical centre) and 201 multi-unit dwellings.

Sunshine Coast News asked Woolworths about the 2012 approval, and whether the development application and subsequent court appeal signalled an intention to begin developing the site, but did not receive a direct answer.

No further hearing dates for the appeal have been set.

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