A company linked to Australia’s richest person has filed a court appeal after Noosa Council rejected its plans for a beachside mansion.
BV Investments Pty Ltd, which is owned by Gina Rinehart’s Hancock Prospecting, is appealing to the Planning and Environment Court over the refusal of a development application at 4 Arakoon Crescent, Sunshine Beach.
The council rejected the plans on August 27 citing concerns over foreshore impacts, building scale and site cover.
The appeal was filed on behalf of BV Investments by Brisbane-based Gadens Lawyers on September 23.
The initial code-assessable development application for the 570sqm block was submitted in October 2024.
It is understood 4 Arakoon Crescent – which has a three-bedroom house – and 6 Arakoon Crescent – which is occupied by a pool – sold together for $21.5 million in 2022.
The council’s reasons for refusal state that the proposed building would extend about five metres seaward of the Coastal Building Line.
“It has not been demonstrated that the proposed development will allow for natural fluctuations of the coast and foreshores to occur, including allowance for climate change,” it said.
The appeal documents argue the existing and adjoining buildings are constructed forward of the Coastal Building Line and that the proposed development, with appropriate foundation design, would not adversely impact coastal processes.
“A coastal hazard assessment was prepared by a suitably qualified expert in support of the development application which found that the proposed development is outside of the erosion-prone area and therefore will not impede natural processes; and allows for the natural fluctuations of the coast and foreshores to occur, including allowance of climate change,” it said.
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The council’s reasons for refusal also state the proposal does not comply with State Development Assessment Provisions, but the appeal contends that the council went beyond its powers by assessing the proposal against state codes.
The refusal states the proposed dwelling would be three storeys and “dominate the surrounding area”, and would exceed the allowable site cover.
But the appeal states the proposed house building height does not exceed two storeys and wouldn’t be above the maximum allowable height of eight metres.
“Despite being located on a sloping site, the proposed development is visually responsive to the natural topography and sits within the landscape rather than dominating it,” it said.
“(It) has a low site impact to maximise the opportunity to retain site characteristics, such as native vegetation and natural landforms; (and) does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site.”
The original development application includes design plans by Shaun Lockyer Architects, which show plans for 4 and 6 Arakoon Crescent, as well as a design brief.
“Nestled within the rugged coastline, 4 Arakoon Crescent stands as a testament to bold architecture within the vibrant coastal setting. With its stark, brutalist facades softened only by the beauty of cacti, subtropical landscape and dark timber accents, this residence embodies the essence of coastal living,” it said.
“Crafted by the renowned Shaun Lockyer Architects, this oceanfront residence invites inhabitants on a captivating voyage of exploration. Each turn and corner unveils a fresh facet of coastal charm and architectural brilliance, inviting residents to immerse themselves in the raw beauty of their surroundings.
“Step into the world of 4 Arakoon – where every instant is a homage to the magnificence of the coast and the creativity of architectural mastery.”
ASIC records show shares in BV Investments Pty Ltd are held by Hancock Prospecting Pty Ltd.
The directors of BV Investments are Tad Watroba and Jay Newby, who are the executive directors of Hancock Prospecting, of which Ms Rinehart is the executive chairperson.
The appeal asks that the council’s refusal be set aside and replaced with an approval, subject to reasonable and relevant conditions.
No hearing dates have 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.
