Friends of Buddina wish to raise funds to overturn the decision of the Sunshine Coast Council
to approve, with conditions, a contentious 73 unit high-rise complex bounded by Pacific Boulevard, Talinga Street and Iluka Avenue Buddina. The development is Code Assessable; it does not comply with the intent of the Sunshine Coast Planning Scheme codes and we have expert legal opinion confirming this.
The Application should have been refused on any one of three grounds, namely;
1. Turtles - endangered loggerhead turtles lay eggs on the adjoining beach
which provides critical habitat for the long-term survival of the species
. Council should have obtained independent expert advice as the turtles are likely to be impacted by lights, noise and increased numbers of beach users. Artificial light is KNOWN to deter nesting turtles. Lighting located landward of the nesting beach, can negatively impact hatchling sea-finding
, causing disorientation and consequent mortality. The conditions imposed by Council are very inadequate and in previous similar matters, the Courts have found them to be unlawful.
In that instance the development permit has then been found to be void;
- the Traffic Impact Assessment provided by the developer is inconsistent with the description of the development. Further, there has been no assessment (as required) of the effect of increased traffic
from the development on local road systems
, which are already under strain
. On the information presented to Council, the application should have been refused;
3. Building - significantly exceeds the density, bulk and size for the zoning; is sited 100% in a State declared erosion prone zone with an increase in footprint in excess of 1360%.
It will be the largest and most dominant 21 metre high beachfront development in the area, impacting neighbours by reduction of sunlight, views and privacy; negatively impacting streetscape and the school with overlooking and increased child safety concerns. It should not have been approved.
Link to Council file;https://publicdocs.scc.qld.gov.au/HPECMWebDrawer/Record?q=containerEx:13542095 ACTION PLAN
Friends of Buddina has the legal advice to overturn this decision but it comes at a cost. We are seeking to raise $50,000 which will be spent on obtaining expert evidence and legal costs.
This application should never have been approved by Council as it does not comply with the Sunshine Coast Planning Scheme codes and other legislation including the Beach Erosion Zone.
We have a good case, we have the passion and desire to protect the character and amenity of our area. If we can raise these funds we can fight back and show the Sunshine Coast Council it should respect us and represent us properly in future.
Any funds not used for court action and ancillary costs will be used as follows:
1. To obtain traffic surveys and reports for the local area, including the impact of full development of the Buddina Urban Village;
2. Legal advice on future development until the changes to zoning height and density result in reduction;
3. Submissions for changes to zoning when a review of the existing Sunshine Coast Planning Scheme commences in 2020;
4. As otherwise agreed to by a majority at a Friends of Buddina Community meeting.TIMING - URGENT
Funds are required urgently so Court action can be instituted as soon as possible
and before the developer gets all its ancillary approvals.
COMMUNITY SPIRITYour support
to date in signing Petitions and taking action has been magnificent
! Let's finish the job now and show Council it must assess these applications in future, according to law and proper process. Otherwise it will be held to account.By not doing so in this case, Council is likely to incur significant unnecessary costs, ultimately coming from the pockets of ratepayers. Let's protect the endangered turtle nesting habitat and retain the amenity of the paradise in which we live and play each day!