Background

September 2022

On 15 September 2022, Judge William Everson (Planning and Environment Court) upheld the Sunshine Coast Regional Council’s (SCRC) decision of 23 July 2020 to refuse Stockland’s Development Application (DA) and dismissed Stockland’s proposal for a housing estate with a pumped saltwater lake at Twin Waters West.
 
The judge warned that allowing the development in its current form risked the “real prospect of detriment and destruction” of a nearby wetland.”
 
The Court’s ruling is shown below:

July 2020

At the Ordinary Meeting of the Sunshine Coast Regional Council held on 23 July 2020 the DA from Stockland was considered by Councillors. The Council Officers recommended approval of the DA but Councillors in fact voted to refuse the application.

The vote to refuse the DA in relation to Twin Waters West was passed; current Councillors voted as follows:

For: Baberowski, Natoli, Johnston, Dickson, Hungerford, J O’Pray, Suarez, Law
Against: Landsberg, Cox
Did not vote: Jamieson – Conflict of Interest declaration

April 2017

At the Special Council Meeting of the SCRC held on 13 April 2017 a number of major planning amendment were debated. These debates and the reports that were considered were done in confidential sessions; the Council’s right to move into confidential session is technically consistent with legislation but contrary to the spirit of the local government principles enshrined in the Local Government Act. OSCAR opposes the use of confidential sessions except in special circumstances – amendments to the Planning Scheme do not constitute special circumstances! Interestingly, subsequent changes to legislation in Queensland now prevents councils considering Planning Scheme amendments in closed sessions.

The vote to proceed with the amendment in relation to Twin Waters West was passed; current Councillors voted as follows:

For: Baberowski, Cox, Dickson, Jamieson
Against: Hungerford, O’Pray

OSCAR decided to make a Right To Information (RTI) application to obtain the Report and Submissions that were tabled in the Council meeting; documents that the public should have always had access to. This exercise cost OSCAR $640 but we were able to obtain the documents we sought for Round 2A Amendment to Sunshine Coast Planning Scheme 2014 – Twin Waters West.

Ironically, the documents we received were as tabled except for the names of individuals and organisations that made submissions – information we did not seek nor desire. This makes us wonder why the documents, and in fact the meeting session itself, needed to be confidential in the first place.

Download RTI Documents (NB Very large files)

Round 2A amendment – Report
Round 2A amendment – Summary of submissions