In what was seen by many as a clear victory for Noosa’s long-term planning strategies, Judge Kefford last week announced in the Planning and Environment Court her judgement to uphold Noosa Council’s decision to reject the Queensland-based GemLife Over 50s Resorts application for a seniors’ resort adjacent to the Cooroy Golf Club.
The 30 May judgement brings to a close a five-year battle over the proposed development by the over-50s lifestyle resort company, which lodged its initial development application for a luxury retirement resort with 246 housing units, on private land adjoining Cooroy Golf Course in Myall Street, Cooroy, back in 2019.
In March 2021, just a year since the election of the Clare Stewart-led Noosa Council, in what would in hindsight seem like a rare moment of agreement, councillors voted unanimously to reject the application on the grounds that it was outside the urban footprint and in conflict with the planning scheme.
Announcing her judgement, Judge Kefford said: “I order the appeal be dismissed. The development application seeking a development permit for making a material change of use and a development permit for reconfiguration of lots is refused.”
In her 115-page judgement, Judge Kefford found against the appellant across 13 “key issues” associated with the proposal, ranging from the validity of Noosa Shire planning schemes to the protection of the amenity of a rural golf course and the perceived failure of the proposal to connect a seniors resort with the existing Cooroy town footprint.
Summarising her findings, Judge Kefford wrote: “Considering all those issues raised for consideration in the appeal, I am of the view that it would be inappropriate for the Court to exercise the planning discretion to approve the proposed use. A decision to approve a material change of use for the seniors’ living community would conflict with the formally expressed planning strategy to preclude urban development on the subject land. GTH Project No. 4 Pty Ltd [a GemLife company] has not demonstrated the policy to be unsoundly based or overtaken by events. The strategy is deserving of respect, and, in this case, it is entitled to be given its full force and effect.”
In a statement earlier this week, Noosa Council welcomed the verdict upholding a 2021 decision to refuse a 246-unit retirement village. Planning and Regulation Director Richard MacGillivray said the decision ensured Cooroy’s character was protected, with the site currently zoned for Open Space Recreation and Rural Residential.
“The proposal would have resulted in a high-density residential development outside the Urban Growth Boundary on land set aside as green space,” Mr MacGillivray said.
Planning staff had recommended refusal of the GemLife application citing significant conflicts with the planning scheme.
“We were concerned the development, had it gone ahead, would have adversely impacted on the site’s environmental values and the visual amenity of the entrance to Cooroy, plus resulted in several poor built form, design, and amenity outcomes,” Mr MacGillivray said.
“Pleasingly the court agreed that the proposal conflicted with Council’s planning strategy to preclude urban development on the subject land. Noosa Council places high value on open space, recreational and rural lands and we’re pleased the court has again recognised our consistent record of making planning decisions that uphold our planning scheme.
“Noosa Council is grateful for the support from the Cooroy Area Residents Association who were co-respondents and locked arms with Council throughout the appeal.”
CARA president Rod Ritchie and secretary Julia Walkden were front and centre in the long campaign to rally the Cooroy community against the proposal, with Ms Walkden representing over the 12 days of the appeal hearing.
Following Council’s initial rejection, GemLife filed a notice of appeal in the Planning and Environment Court in April 2021. In March 2022, the company reduced the number of lots by 18 in response to concerns from Noosa Council about building houses and infrastructure in the flood-prone and environmentally sensitive riparian zone.
On 10 February 2023, GemLife lodged a minor change application, which included plans to relocate the entry to the clubhouse and residential estate which will avoid vegetation clearing but impact the golf course’s 15th fairway.
At the time Rod Ritchie said this further incursion into the golf course had prompted dissatisfaction among many club members, who were already uneasy about the previous changes.
GemLife began operations in 2016 as a joint venture between members of the Puljich family, which has more than 30 years of industry experience, and financial partner Thakral Capital.
The company is now one of Australia’s fastest-growing over-50s lifestyle resort operators, with 10 communities across Queensland, northern NSW and Victoria, and more in the pipeline.
GemLife declined to comment to Noosa Today on the Planning and Environment Court verdict.
