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‘Irrational’: court appeal claims infrastructure levy is grossly disproportionate

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The developer behind a controversial music and event site is challenging a more than $15 million infrastructure charge imposed by Sunshine Coast Council.

Coochin Creek Property Pty Ltd, part of the Comiskey Group, has lodged an appeal in the Planning and Environment Court seeking to overturn or reduce the $15,145,209 notice, arguing the charge significantly overstates its development’s impact on public infrastructure.

The appeal relates to the Coochin Fields outdoor festival site, which was approved by the state government in February after Planning Minister Jarrod Bleijie called in the development application in July 2025.

Sunshine Coast Council has entered an appearance in the proceedings but is yet to file a substantive response to the appeal. SCN has reached out to council for comment.

The approved 155-hectare venue is expected to host events for up to 35,000 people and has attracted support, as well as community opposition over environmental and planning concerns.

The festival venue is separate from the neighbouring Coochin Creek Tourist Park, another Comiskey Group development that received approval earlier this year.

The planned festival site at Coochin Creek.

According to the Notice of Appeal, the charge was calculated from a total amount of $29,260,964, less an exemption of $14,115,755 for the public parks and community facilities component, resulting in the final levy of $15,145,209.

Court documents show the developer first attempted to have the charge amended through the statutory representations process before filing the appeal. The infrastructure charges notice was issued on March 9, representations were made on April 16, and council declined to amend the notice on May 22. The appeal was lodged on June 9.

The appeal states that, under the Planning Act 2016, infrastructure charges may only be levied for extra demand placed on trunk infrastructure networks, but argues the proposed development “will not generate extra demand on trunk infrastructure, or alternatively, will not generate extra demand to the extent that is reflective of the levied charges sought to be imposed”.

The appeal argues the calculation overstates the development’s impact, noting the site is not connected to town water or sewerage, required roadworks already form part of the development approval and the project is not comparable to a bar, hotel, nightclub or accommodation use.

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It further contends camping is only an “ancillary” component of the approved development and the venue itself will not operate daily.

Among the appeal’s key allegations is that the infrastructure charge is “irrational and lacks a proper foundation”.

“The calculation of the levied charge erroneously seeks to apply levied charges to sheds or buildings that will be used predominantly for purposes which will not generate extra demand on the applicable networks (such as storage and maintenance),” the document states.

“Further or in the alternative, the amount of the levied charge is so unreasonable that no reasonable relevant local government could have imposed the amount.”

The documents further highlight that the charge notice does not identify which trunk infrastructure networks would experience additional demand, and that the levy is “grossly disproportionate to the demand (if any) that will be generated by the development on the relevant networks”.

The developer wants the court to overturn the infrastructure charges notice, amend it, or require council to reconsider it.

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