The proponent of a 77-room beachfront hotel has lodged a court appeal after the plan was refused by council.
5ive Co Pty Ltd is seeking to overturn Sunshine Coast Council’s decision to reject its application for a seven-storey resort at 31 Esplanade, Bulcock Beach.
The developer wants the court to approve the plan “subject to reasonable and relevant development conditions”.
The 635sqm site fronts Bulcock Beach and is zoned for a maximum building height of 15 metres. The proposal, submitted in October 2024, sought a 27-metre building with 77 rooms; a ground-floor lobby, cafe and reception area; two basement parking levels with 31 car spaces; and a rooftop pool and outdoor area.
Council advised of its refusal on October 23 citing excessive height; impacts on amenity, character and views; lack of landscaping; and concerns about access and parking.
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“Existing views and vistas of adjoining properties would be impacted by the development exceeding the specified building height,” the reasons for refusal said.
“The development results in a significant loss of amenity for surrounding development, having regard to building character and appearance, building massing and scale relative to its surroundings, height and setbacks in that it will have unacceptable impacts upon views, privacy, overlooking, overshadowing, prevailing breezes and sunlight.”
The council’s rejection concluded “the proposed development cannot be conditioned to comply with the assessment benchmarks” and that the applicant had not shown a sufficient community need to justify approval despite conflicts with the planning scheme.
In the appeal lodged by Brisbane-based lawyers Connor O’Meara, 5ive Co argues the hotel design “protects views and vistas despite exceeding the 15-metre maximum building height” and “recognises the distinctive character and amenity of the Sunshine Coast as a place with a predominantly low to medium-rise built form”.
“It is compatible and sympathetic to the preferred character of the local area,” it states.
“The height of the proposed buildings and structures is consistent with the reasonable expectations of the local community.”
It also argues the project aligns with the South East Queensland Regional Plan by enhancing tourism and economic opportunities for the region.
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“There is a strong and overriding community, planning and economic need for the proposed development which is pressing because of the predicted influx of visitors to Queensland and the Sunshine Coast for … the Brisbane 2032 Olympic and Paralympic Games,” it states.
“The accommodation presently available in the Caloundra Local Plan area is dominated by mid-range and family-oriented accommodation options, which highlights a gap in the market for upscale accommodation options.
“The area is not equipped to meet the expectations of higher-spending visitors seeking high-end experiences.”
The developer says reducing the building height to meet the 15-metre limit “would result in a significant reduction in the number of rooms”.
The appeal also states that Marriott International had expressed support for the development and intended to operate it as an “upscale or higher hotel”.
It also notes the Temporary Local Planning Instrument to incentivise new hotel developments was not in force when its original application was lodged.
The council has not yet filed a response and no further court dates have been set.
