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'Categorically untrue': letters spark fears among residents

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A Sunshine Coast MP has accused a law firm of “fear-mongering” after residents received letters warning their properties could be required for Stage 1 of The Wave, the planned rail line between Beerwah and Caloundra.

Butler McDermott Lawyers director Brent King said the firm contacted several residents in Aura’s Banya estate after state government planning mapping showed parts of properties along Titan Crescent and Pumpkin Place within a future railway corridor overlay.

However, Member for Caloundra Kendall Hatcher said the suggestion that homes could be acquired for the project was “categorically untrue”.

“Recently, some residents in Banya have reported receiving a letter from a law firm highlighting their property could be acquired for Stage 1 of The Wave rail project – namely Titan Crescent,” she wrote in a public statement.

“This is categorically untrue – and no residential properties in Banya have been identified as impacted by The Wave.

“Unbelievable fear-mongering, and a timely reminder about seeking accurate information.”

Caloundra MP Kendall Hatcher with Premier David Crisafulli.

Her comments followed a flurry of concern on a local Facebook residents group after people reported receiving Mr King’s letters.

The letters stated that residents could be eligible to apply for their properties to be acquired under the Department of Transport and Main Road’s (TMR) Early Acquisition Policy.

“The Early Acquisition Policy allows landowners who are likely to suffer some form of hardship because of a notified land requirement (including, for example, an inability to sell their property) to negotiate the sale of their property to the department in advance of a formal land resumption occurring,” the letter reported.

Mr King defended the correspondence, saying that properties had been “identified in mapping prepared by the state government as potentially being required for works connected with Stage 1 of The Wave Project”.

He said the firm relied on the state government’s publicly available State Planning Policy Interactive Mapping System, which showed the future railway corridor overlay intersecting several properties along Titan Crescent.

A State Interest Report supplied to Sunshine Coast News for 35 Titan Crescent lists “future railway corridor” among the planning layers applying to the 280sqm property.

Another screenshot supplied by Butler McDermott Lawyers, identified as 1 Pumpkin Place, shows the orange future railway corridor layer crossing about 42sqm of the southern portion of the property.

The state government describes the interactive system as a planning tool that helps councils, the community and industry understand where and how state interests apply to land-use planning and development.

The mapping does not, by itself, confirm that land will be acquired. The State Interest Report also warns that the mapping may contain errors, inconsistencies or omissions and states that reliance on the information is the user’s sole responsibility.

The Wave including rail between Beerwah and Birtinya and metro vehicle between Birtinya and Sunshine Coast Airport.

Mr King said it was not “fear mongering” to help owners understand potential impacts shown on official government mapping.

“It is important that property owners take any potential land requirement seriously, because the powers which government departments or agencies can exercise when compulsorily acquiring land are severe and, in many cases, result in unfair outcomes and property owners being left in limbo,” Mr King said.

“If Ms Hatcher MP is able to provide clarity for owners of properties which are affected by the mapping, that is a welcome outcome – and the mapping should then be corrected as a matter of priority.”

One Titan Crescent resident said the correspondence had left their family fearing they could lose the home they built only three-and-a-half years ago.

“I’m not sure if it’s just lawyers using scare tactics to drum up business or not but we’re going to be shattered if it happens,” the resident wrote.

“We’re too tired to go through the whole buying, building and moving process again. This was our possibly forever home.”

Another resident said the area behind their Titan Crescent home was marked as a future rail corridor, while another reported that numerous people had called TMR seeking answers.

A spokesperson for the Department of Transport and Main Roads maintained that no residential properties were required for Stage 1.

“The Department of Transport and Main Roads understands some Sunshine Coast residents have received correspondence from a private law firm about potential property impacts associated with The Wave,” the spokesperson said.

“The correspondence was not issued nor endorsed by TMR.

“TMR confirms there are no residential property impacts for The Wave – Stage 1 (Beerwah to Caloundra).

“TMR has contacted all impacted property owners in Stage 2 of The Wave directly.”

The department’s official document, The Wave Stages 1 and 2 (Rail) Corridor Alignment Map, cautions that minor changes are expected as the project progresses and the corridor includes impact areas and boundaries needed for environmental approvals, as well as space for construction in some locations.

New maps and other design information will be updated during the detailed design phase, which is earmarked for 2026-2028.

Design and pre-construction works on Stage 1 of The Wave, which will deliver 19km of dual-track passenger railway between Beerwah and Caloundra, began last month.

It will include an upgraded Beerwah station and new stations at Bells Creek, also known as Aura, and Caloundra.

Property acquisitions have been scaled back for Stage 3, which is expected to include a metro vehicle network between Birtinya and Sunshine Coast Airport, and the Mooloolah River Interchange Upgrade.

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name and suburb.

The Australian and Queensland governments have committed $2.75 billion each towards the project, which is expected to cost between $5.5 billion and $7 billion.

Stage 2 would extend the railway from Caloundra to Birtinya but remains subject to funding approval.

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