1.  Our Planning & Environment Court challenge: The Beachfront

The Decision

On 22 October 2021, Judge Long delivered his decision on the controversial 2019 development approval by the Sunshine Coast Regional Council for the “Buddina Beachfront”. The proposed development is an intensive high-density development beachside, within metres of the nesting habitat of endangered loggerhead turtles and on land located in the State declared erosion prone area; land which had previously been recommended for resumption. 

Judge Long found in favour of Council and the developers, dismissing our application. He provided documented details of his reasons later that same day. Click HERE for the link to his judgement.

Friends of Buddina are considering their options and will determine their response after analysing the judgement document.  

Although this judgement is disappointing, we take away the significant wins that we achieved along the way through improved conditions applied to the development approval and improved conditions applied to the operational works approval.

It has certainly been a drawn-out legal process following the Council’s approval in April 2019 through to lodgement of our Application to the P&E Court in November 2019, then to the Court hearing in November 2020.  We now have the judgement delivered in October 2022.

If you have questions about the legal challenge, our website has more information where you can also access copies of the key documents lodged with the Court:

https://www.friendsofbuddina.com/legalcase

2.  The Beachfront - a bit of history

After our local community mobilised to challenge the council and the developer in the Planning and Environment Court, with legal support from our lawyers and barrister, the matter was finally heard in the Maroochydore P&E Court over two days on 26 & 27 November 2020.

Following those proceedings, Judge Long had told the court he would take time to review evidence and the law and deliver his decision at a later date.  There was no time-frame for this decision which His Honour has now provided, as outlined his judgement.

During the legal process, from November 2019 to November 2020, Council and the developer sought to delay legal action through amendments to the approval conditions relating to Turtle lighting.  The legal process was suspended for several months from April to July 2020 allowing Council to process the approval changes. Further delays were incurred as Council's changes to the approval conditions (some of which we had initially argued were not lawful) then altered our legal arguments. 

Consequently, our Court documents required amendment and re-submission.  The actions of the developer and Council of amending the approval also created costly delays in the legal process.

The changes made and approved by Council in July 2020, although delaying the legal process, not only improved the turtle lighting approval conditions, but created enforceable outcomes at: 

(i) construction and (ii) ongoing for the life of the building. 

The result being that future unit owners will always be liable for penalties for non-compliance.  These penalties apply to each incident where a unit owner fails to comply with the approval conditions, such as overriding automated light controls or not ensuring the blinds are closed by 8pm during turtle nesting season!  In making this decision, Council created a HUGE WIN for the endangered loggerhead turtles and the Buddina Community, by amending their original approval conditions. 

This HUGE WIN happened BEFORE our case was even heard in Court - that’s the power of community action and standing up where Council decision-making does not reflect community expectations and where that decision-making appears to preference developers, threatening our lifestyle and our amenity together with disregard for the protection the environment and its biodiversity. 

YES, together we HAVE made a difference !

3. Not everyone uses Social Media and may have missed this:

Climate Change Survey

This survey closes on Sunday, October 24, 2021.  Would you like to provide input to the first phase of the Climate Risk Management Framework of the joint project by Sunshine Coast and Noosa Councils?  Your thoughts on climate change are important and this is your opportunity to have your say.

The survey takes about 30 minutes and there is space to provide feedback on (i) Transport – public and private (e.g. modes and fossil-fuelled vs green), (ii) the Planning Scheme changes (e.g. density and height in flood and erosion prone areas), (iii) Waste reduction (e.g. power for artificial light at night) and (iv) Recycling (e.g. products & food waste), etc).  Click HERE to complete the survey.

Pt Cartwright and La Balsa Park Management Plan

Nominations close on Tuesday 26 October for the Community Reference Group (CRG) contributing to the development of a master plan for the 𝗣𝗼𝗶𝗻𝘁 𝗖𝗮𝗿𝘁𝘄𝗿𝗶𝗴𝗵𝘁 𝗥𝗲𝘀𝗲𝗿𝘃𝗲 𝗮𝗻𝗱 𝗟𝗮 𝗕𝗮𝗹𝘀𝗮 𝗣𝗮𝗿𝗸 area. 𝙄𝙨 𝙩𝙝𝙞𝙨 𝙮𝙤𝙪?  If so, now is the time to apply.  Click HERE to complete the CRG application form.

Councillor Joe Natoli said the reference group would provide a forum for the community to provide input into the future planning and management of this coastal area which would include an analysis of the site, current uses, understanding environmental opportunities and constraints, values and vision, ecological sustainability and proposed actions, priorities, and the costs to be considered for implementation.  Click HERE for more information.

Infill Survey

INFILL, INFILL, INFILL is densification by any other name.  Closing on 28 October, this survey about INFILL development is a “must do” for local residents.  Buddina and Warana are target areas for INFILL development. If you would like to participate or learn more about this survey, Click HERE for the link.  Your participation in this research project is completely voluntary and anonymous and is covered by University Guidelines.

Material Change of Use Development Application

We've shared the website links to several local development applications which were recently submitted to Council.  The following DA's are pending approval by Council:

𝗗𝗨𝗔𝗟 𝗢𝗖𝗖𝗨𝗣𝗔𝗡𝗖𝗬, at BUDDINA:

𝗠𝗖𝗨𝟮𝟭/𝟬𝟮𝟵𝟬 at 50 Malinya Dr, Buddina - 𝘋𝘶𝘢𝘭 𝘖𝘤𝘤𝘶𝘱𝘢𝘯𝘤𝘺, on 842 m² lodged 18/08/2021

𝗠𝗖𝗨𝟮𝟭/𝟬𝟯𝟬𝟵 at 52 Undara Ave, Buddina - Dual Occupancy on 546 m², lodged 27/08/2021

𝗠𝗖𝗨𝟮𝟭/𝟬𝟯𝟰𝟭 at  5 Dalpura St, Buddina- Dual Occupancy on 546 m², lodged 20/09/2021

𝗠𝗖𝗨𝟮𝟭/𝟬𝟯𝟱𝟵 at 14 Lalwinya St, Buddina - Dual Occupancy on 594 m², lodged 01/10/2021

𝗗𝗨𝗔𝗟 𝗢𝗖𝗖𝗨𝗣𝗔𝗡𝗖𝗬, at WARANA:

𝗠𝗖𝗨𝟮𝟭/𝟬𝟮𝟴𝟰 at 14 Palkana Dr Warana- Dual Occupancy, on 595 m², lodged 13/08/2021

𝗠𝗖𝗨𝟮𝟭/𝟬𝟯𝟱𝟭 at 15 Bandaroo St, Warana - Dual Occupancy on 558 m², lodged 27/09/2021

𝗠𝗖𝗨𝟮𝟭/𝟬𝟯𝟳𝟭 at 14 Coorabin St, Warana - Dual Occupancy on 673 m², lodged 13/10/2021

𝗠𝗨𝗟𝗧𝗜-𝗨𝗡𝗜𝗧𝗦 also on small lots:

𝗠𝗖𝗨𝟮𝟭/𝟬𝟮𝟮𝟲  at  8 Tumut Street - Multiple Dwellings x 3, on 672 m²  lodged 30/6/2021

𝗠𝗖𝗨𝟮𝟭/𝟬𝟯𝟮𝟵  at 11 Boorook Street - Mulitple Dwellings x 3 on 577 m², lodged 10/09/2021

Approved by Council this month:

𝗠𝗖𝗨𝟮𝟭/𝟬𝟮𝟵𝟮 at  4 Bandalong Street - 𝘋𝘶𝘢𝘭 𝘖𝘤𝘤𝘶𝘱𝘢𝘯𝘤𝘺 on 554 m², lodged 18/08/2021

To view all development applications lodged, not yet approved, use this link

https://developmenti.sunshinecoast.qld.gov.au/Home/AddressSearch

and then enter Buddina or Warana (or any suburb) into the search criteria to narrow the selection to your locality, then review the “Application Documents” for the selected application of interest.

MTAG - Sunshine Coast Mass Transit Action Group Inc have provided an update about Council's Special Meeting to all their subscribers - here is an extract on how the 3.5 hour meeting unfolded:

Cr Joe Natoli tried to move an alternate motion to remove Light Rail. The Mayor, Mark Jamieson refused to allow it to occur....

Cr Winston Johnston was able to move an amendment to the motion that included wording that noted the Community "strongly objected to light rail.....

Cr Joe Natoli then tried to move a further amendment that removed the Council's endorsement of the report and removed light rail and wireless light rail from the Options Analysis.  Despite advise from the Council's own Governance Officer, the Mayor ruled Cr Natoli's amendment could not be included.  Why.....

Unfortunately this means the Options Analysis report goes to the State Government with Council's endorsement of Light Rail as a viable option. So the State Government must choose who they listen to, the community or our Council?"....

Please continue to support and engage with other Community Groups in seeking the best outcomes from the Mass Transit Project  - the challenge continues!

MTAG - Sunshine Coast Mass Transit Action Group Inc.

https://www.masstransitsc.com/

https://www.facebook.com/SCMassTransit/

BEACH MATTERS

https://www.facebook.com/thebeachmatters/

OSCAR - Organisation Sunshine Coast Association of Residents Inc.

https://www.oscar.org.au/

https://www.facebook.com/OSCARSunshineCoast/

Share our emails with your friends and contacts – help spread the word and encourage engagement from your community.  Reference our website for more information:

https://www.friendsofbuddina.com  We also post additional information to our Facebook page: https://www.facebook.com/BuddinaCommunity

Thank you

Friends of Buddina                Together we can make a difference!