A court appeal has been launched over the refusal of a proposal to build a five-storey home on a waterfront block.
NFJ Exercise Physiologists Pty Ltd has lodged the appeal with the Planning and Environment Court over Sunshine Coast Council’s rejection of the proposal for a 455sqm block at 61 River Esplanade, Mooloolaba.
Plans for the proposed house, to be called LUME, were revealed in March, with award-winning design, development and construction company Graya attached to deliver the project, which would be its first on the Coast.
Documents submitted as part of the application show the house would include five bedrooms with ensuites, a rooftop pool and a lap pool, sauna, gym, lift, media room and multiple living areas.
Court and council documents show development approval was granted for the block in July 2018, allowing for a four-storey building with four apartments and a maximum height of 16m.
In March this year, NFJ Exercise Physiologists applied to change that approval to a development permit to establish a single house.
The proposal was for a five-storey building with a maximum height of 20.05m. It was subject to impact assessment, and a public notification period was carried out in May and June.
On August 6, the council advised it was refusing the application, citing the height, impact on views and appearance as reasons.
“The proposed development for a 17.09m-high building departs from the policy direction of the strategic framework of the Sunshine Coast Planning Scheme,” it said.
“Existing views and vistas of adjoining properties would be impacted by the development exceeding the specified building height (of 12m).
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“The building siting, massing and scale impacts the amenity of neighbouring residential premises and is incompatible with the character and streetscape of the local area.”
Court documents, lodged on August 28 on behalf of NFJ Exercise Physiologists by Brisbane-based lawyers Connor O’Meara Solicitors, state the reasons for the appeal.
Among them are that the proposed single house would not result in “materially different impacts” compared with the previous approval for four apartments on the site.
The documents also state that buildings surrounding the site are already taller than the maximum height specified by the planning scheme.
It is also stated that surrounding areas “are not mapped as being within or near a significant view in the Mooloolaba/Alexandra Headland Local Plan Code” or under the planning scheme.
“The proposed change results in a development that makes a positive contribution to the streetscape and is well designed to be sympathetic to existing and intended development within the locality,” the documents state.
“To the extent there is non-compliance with the relevant assessment benchmarks (which is not admitted), the proposed development can be conditioned to comply with those benchmarks.”
The site is currently occupied by a two-storey house and is in the High Density Residential Zone.
The corner lot is about 500m from Mooloolaba Esplanade and overlooks Pacific Park and the Mooloolah River to the south.
A council spokesperson said they were unable to comment on the case.
“This application is currently in appeal. As per standard business practice, council is unable to provide comment at this stage,” they said.
NFJ Exercise Physiologists was also approached for comment.
No hearing dates for the appeal have yet been set.
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