COMMUNITY & TURTLES NOT HIGH-RISE & TRAFFIC
Donation protected
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;
2. Traffic - 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 TAKEN
Friends of Buddina Ltd has commenced proceedings in the Planning and Environment Court Maroochydore asking the Court to review the Decision by Sunshine Coast Council to approve the application. The approval should be deemed invalid and of no legal effect; it should be set aside.
This action has been taken on the basis of expert legal advice.
We are seeking to raise a further $35,000 for the whole court action. It should not cost us any more than that amount.The matters to be considered are very limited. If you want to retain more of the existing amenity of your community, please enthusiastically support us, as you have done in the past.
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
Our first court appearance is 9.30am on Friday 22 November. Come along and get to know the process, and show you care.
COMMUNITY SPIRIT
Your 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. Let's protect the endangered turtle nesting habitat on Buddina Beach. Due to climate change, many of the nests in North Qld produce all female hatchlings due to hotter conditions. Our beach produces quite a number of male hatchlings, vital to continued survival of the species.
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;
2. Traffic - 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 TAKEN
Friends of Buddina Ltd has commenced proceedings in the Planning and Environment Court Maroochydore asking the Court to review the Decision by Sunshine Coast Council to approve the application. The approval should be deemed invalid and of no legal effect; it should be set aside.
This action has been taken on the basis of expert legal advice.
We are seeking to raise a further $35,000 for the whole court action. It should not cost us any more than that amount.The matters to be considered are very limited. If you want to retain more of the existing amenity of your community, please enthusiastically support us, as you have done in the past.
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
Our first court appearance is 9.30am on Friday 22 November. Come along and get to know the process, and show you care.
COMMUNITY SPIRIT
Your 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. Let's protect the endangered turtle nesting habitat on Buddina Beach. Due to climate change, many of the nests in North Qld produce all female hatchlings due to hotter conditions. Our beach produces quite a number of male hatchlings, vital to continued survival of the species.
Fundraising team: FRIENDS OF BUDDINA (2)
Terry Boyce
Organizer
Minyama QLD
Lesley Dimmock
Team member
Michelle Bayntun
Team member
