The proposed redevelopment for this prime Peregian site.
The proposed redevelopment for this prime Peregian site.

Call for developer pays for repeat court challenges

STOPPING developers from making repeated and costly attempts to change development approvals is the priority of a Peregian community lobby group.

Newly re-elected Peregian Beach Community Association president Barry Cotterell, said his members were targeting developers who make multiple applications and appeals to the Planning and Environment Court.

Mr Cotterell said these applications "unnecessarily costs the local council and the community significant funds".

He said in Peregian Beach, the development group headed by Tony Scanlon has returned to the court "time and time again to secure changes to a development application, despite the fact that the application has been rejected by council on a number of occasions as they are non-compliant with the Noosa Plan".

This involved the unit and motel accommodation redevelopment on the old caravan park site at Peregian Beach.

"It should never have been dragged on for so long by the developer at great cost to Noosa ratepayers and to local residents who have dug deep to uphold the Noosa Plan," Mr Cotterell said.

The local community association voted unanimously at its AGM to seeks the reform.

They propose the law be amended so that second and any subsequent court application costs are met by the developer regardless of the outcome of proceedings.

"Where a developer is seeking to vary a consent order, besides paying the costs of all other parties to the proceedings including respondents by election, they should be required to offer the council on behalf of the community a non-revocable significant community benefit before filing the application in the court," Mr Cotterell said.

"Town plans are arrived at after significant community consultation and then approved by the local and state governments and reflect the public interest," he said.

"Developers need to accept the finding of the Court of Appeal that "the terms of a planning scheme inevitably reflect the striking of an overall balance, in the public interest, between the many interests potentially affected by the planning scheme".

Mr Scanlon, who has already successfully developed Peregian Village Market containing the local IGA supermarket, was contacted but declined to comment.

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