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Infringement notice issued after works start up on vacant block

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A developer has revamped a 10-year-old operational works approval to carry out earthworks at a site at Mudjimba.

Resident John Colavecchio was initially confused when he saw trucks delivering fill and earthmoving machinery moving around on the “Surfing World” land behind his house.

Mr Colavecchio said little appeared to have been done to minimise the effects of dust from the earthworks, which was filling the air and settling on neighbouring properties.

“Where’s the notification? Where the dust management plan?” he said.

Adding to the confusion was a letterbox drop from a resident association saying an infringement notice had recently been issued over earthworks at the site.

The site, fronting David Low Way opposite the southern end of Marcoola, has been the subject of various applications over the years.

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Developer Mal Pratt had previously intended building a surf-themed tourist attraction, including a wave pool, there, which is why it is known locally as the “Surfing World” site.

The council gave approval for an application by Surfing World for a service station and two food outlets in 2016 but that was overturned on appeal.

A 2023 application to stockpile fill from a retirement unit development at Parker Street, Maroochydore, to later use in unfilled areas of the site was refused by the council in February this year.

An aerial view of the site, off David Low Way in the northern part of Mudjimba. Picture: Nearmap

The council became aware of fill being dumped at the site in early June and an infringement notice, entailing a fine, was issued to cease the earthworks.

The spokesperson said a minor change application was made in June to an operational works permit approved in December 2014 to allow a portion of the site to be filled.

The minor change application was approved, allowing the height of the filled portion of the site to be raised 0.6m.

The spokesperson said the 2014 approval had been enacted and the works completed several years ago but the approval remained in effect, “and therefore a minor change or other change can be made to this approval”.

Once an operational works permit had been acted on, and works had substantially started, the approval could not lapse, the spokesperson said.

The spokesperson said the council was aware of residents’ dust concerns and was working with the contractor of the works to implement dust controls over the site.

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“The applicant is required to comply with both the conditions of their approval and a ‘general environmental duty’ requiring compliance with the Environmental Protection Act 1994,” the spokesperson said.

“The development approval for the site requires the applicant to undertake appropriate controls and construction methods to prevent dust pollution from the construction activities including the use of dust suppression with water.”

Division 8 councillor Taylor Bunnag said the variation allowed the landowner to add fill to the existing platform on the site.

“There are no other approvals in place for the site,” he said.

The approval carries a condition that there be no visible dust emissions from the site.

Cr Bunnag said a compliance officer had visited the site this week and a water truck was in place to keep the dust down.

Mr Colavecchio said the council appeared to have no procedures in place to ensure compliance, only acting upon non-compliance, labelling its management of such sites as “poor governance”.

The Pratt Property Group was contacted for comment. A representative said no comment would be forthcoming but members of the public were welcome to contact the company direct for information.

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.

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