An appeal has been launched in the Planning and Environment Court after a council rejected a proposal to develop a former bowls club site.
Sunshine Coast councillors voted nine to two in favour of refusing the plans for the project on a 12,775sqm block on David Low Way at Pacific Paradise.
The proposal for the former Pacific Paradise Bowls Club site, adjacent to the North Shore Tavern, included 85 residential units, 39 short-term accommodation units and a 1086sqm food and drink outlet.
The appeal by Padstow Holdings Pty Ltd and Sherringham Holdings Pty Ltd was filed by Brisbane-based lawyers Mills Oakley on August 28.
It argues “the decision to refuse the development application is erroneous, unreasonable and unlawful” and that the proposal should be approved.
The council’s decision notice outlines building height and the loss of land zoned for Sport and Recreation as reasons for the rejection.
“The proposed development will not protect the existing community sport and recreational facility on the site,” it stated.
“The proposed height of buildings and structures is not consistent with the reasonable expectations of the local community.
“There are no sufficient grounds to justify the approval of the development application.”
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But the appeal states there is no need to relocate any sport and recreation uses on the land because it is not being used for that purpose. The bowls club has not been in use since about 2019.
“The proposed development does not compromise an existing recreation activity or conflict with the land’s primary use for sport and recreation open space. The zoning of the land merely reflects the site’s previous use as a bowling club, which has been abandoned,” it said.
It also argues the height of the proposed buildings is consistent with the reasonable expectations of the local community.
“The scale, intensity and built form of the proposed development is compatible with the existing and intended scale and character of the streetscape and surrounding area,” it said.
The documents state the development would incorporate areas that also would benefit current and future residents and visitors, including 910sqm of communal open space and a large pool and spa facilities.
“The proposed development addresses a significant under supply of dwellings in the Sunshine Coast region and more generally in South-East Queensland,” the appeal said.
The development was first pitched in September 2023, before revised plans were submitted in February.
The matter came before the council’s ordinary meeting in July and sparked a lengthy debate.
It was recommended for approval but divisional councillor Taylor Bunnag moved an alternative motion to reject the proposal. Councillors Terry Landsberg and Joe Natoli were the only two in favour of allowing it.
Sherringham Holdings director John Goulter, who has owned the tavern and bowls club site since the mid-1990s, said he was disappointed at the refusal.
“After many years supporting the bowls club members and committee we were disappointed the sporting community did not wish to use the site for its intended zoning and built form,” he said.
“We sought advice from council in late 2021 and went on to design a concept in line with council’s instructions. This was published on the council website in February 2022 in terms of the preferred planning direction for this site.
“Public submissions revealed some opposition to the heights and parking provisions, and we responded to those submitter concerns by reducing the heights to a low-rise development.
“Council made a robust and sound recommendation for approval, based on this we have opted to follow the due planning process via the courts though we made every effort in good faith to avoid this outcome.”
Cr Bunnag posted to social media on Friday to update residents about the appeal.
“Late this afternoon I was advised that an appeal against council’s decision to refuse the redevelopment of the Pacific Paradise Bowls Club has been filed in the Planning and Environment Court,” he wrote.
“Given that council’s decision to refuse the application (nine votes to two) is now subject to appeal, it’s inappropriate for me to make further comments but I will provide updates as I am able to.”
Sunshine Coast Council does not comment on matters before the court.
