A proposed 23-unit apartment development has sparked a legal challenge over conditions imposed to protect a tree near the site.
Kings Beach Sand Pty Ltd has appealed to the Planning and Environment Court in Brisbane after Sunshine Coast Council imposed development conditions on its application to build the units at 19 and 21 Verney Street, Kings Beach.
The plans for the seven-storey building were submitted to the council in May 2024, with a decision made in October 2024 to approve it subject to conditions.
Among the conditions were requirements for the protection of an Albizia lebbeck tree on the road reserve to the south-east corner of the site.
In November 2024, the developer asked to change the conditions but in March this year the council notified that any changes were not agreed.
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A notice of appeal filed on April 8 by Brisbane-based Connor O’Meara Solicitors argues the conditions are an unreasonable imposition on the development and are not reasonably required.
The conditions say that all building work must be done in a way that will preserve the tree.
“All construction works (e.g. services, earthworks, infrastructure) within the vicinity of the existing Albizia lebbeck street tree shall involve the use of alternative construction methods (to be determined by the project arborist) so as to ensure retention of the tree e.g. vacuum excavation/directional boring/tunnel boring of services, pier and beam, suspended slabs etc,” the council’s decision notice states.
It also says no earthworks are to occur within the structural root zone of the tree, and that the developer must lodge a bank guarantee or bond of $15,000 as a security for the protection of the tree.
But the appeal argues that the tree is a nuisance and that its retention “is not required or desirable”.
“The tree is identified as a weed by the respondent’s Weed Species of Maroochy Area (2008) list,” it states.
“The street tree, being an introduced species, makes little or no contribution to the streetscape, particularly given the local area is characterised by native tree species.”
The documents say the tree also poses a risk to underground utilities and that rerouting is impractical.
“The street tree has caused damage to footpaths and curbs adjacent to the land and interfered with existing stormwater controls within the verge and adjacent to the land,” it states.
The appeal calls for the development application be approved, subject to amended development conditions. No hearing dates have yet been set.
The 1416sqm site is in the High Density Residential Zone and currently has two houses on it.
A town planning report says the development would be 45.5m AHD (above sea level).
Kings Beach Sand Pty Ltd is owned by Mr Bond and Troy Barnes, two of the directors of the Citimax Property Group in Brisbane.
