The Save Yaroomba campaigners and local residents are celebrating the Supreme Court decision to rescind the Planning and Environment Court’s approval of Sekisui House’s $900-million Yaroomba Beach development.
The decision means that last year’s Planning and Environment Court judgment in favour of the Sekisui high rise development has been set aside.
The matter will be remitted back to the Planning and Environment Court to reconsider.
Spokesperson Kathryn Hyman said the long wait had been anxious.
“We went to court on March 10 last year and have been waiting nearly a whole year for a decision from three esteemed Judges,” she said.
“The wait has been worth it and we want to thank the entire community for coming together for this prolonged fight which turned into a marathon rather than a sprint. It is uplifting to know that we were finally successful even though we had to overcome hurdles along the way.”
Ms Hyman said that part of this success comes from the Judges recognising that 9,000 people should not be ignored and that multiple seven-storey highrise buildings on the beachfront is not what the community wants.
“This pristine beachfront land and the laidback lifestyle of the area is so rare on the Sunshine Coast and was worth fighting for,” she said.
“The Town Plan is in place to give direction for everyone, including big developers.
“The community was brave to pursue the legal fight against its own Council and the deep pockets of development company Sekisui. We feel totally vindicated by the Qld Supreme Court.
“At the beginning of this David vs Goliath battle we would never have believed that we could raise a total of $500,000 to fund this legal battle. The majority of the community was behind us as we chipped away with small events, some Save Yaroomba merchandise and then an online campaign when the pandemic kicked in and events were no longer possible.
“At that point we were in uncharted waters but the fact that we raised half a million dollars is a tribute to how much the community wanted to fight this approval by its own Council. They thought it was wrong and so they supported Friends of Yaroomba, Development Watch and Sunshine Coast Environment Council.”
Sekisui House will consider its options in response to the Court of Appeal decision.
Project Director, Evan Aldridge, said the options open to Sekisui House were to continue with the process through the Planning and Environment Court, or to develop the site according to the alternative 2009 Hyatt approval for a gated residential apartment and housing estate with buildings up to four storeys.
“Given the previous approval issued by the Sunshine Coast Council in June 2018 and subsequently the Planning and Environment Court’s decision in June 2020 to uphold the approval, we are disappointed with the court’s ruling,” Mr Aldridge said.
Newly elected Friends of Yaroomba president, Jim Moore, said the adversity had brought the community together.
“There is a new vibe in the area that comes from people banding together to accomplish something big and meaningful,” he said.
“We ran a campaign that brought the issues to life for residents and visitors, including the traffic impact display that people still talk about.
“We have shown that when property developers throw money at a community that does not necessarily buy their consent or support. It was a very tough road, exhausting at times but, with so many people pulling together, we got to where we needed to go.
“It’s not just about the Save Yaroomba campaign. The Friends of Yaroomba committee lives on. We are a community building organisation, participating in Clean Up Australia Day, a very successful Coolum State School drawing competition and looking at other events that benefit the local community and continue to foster that magical community spirit,” Mr Moore said.
The Sunshine Coast Business Council (SCBC) has raised concerns that the Supreme Court decision may impact investor confidence in the region.
“Investors need surety around planning schemes, and it is therefore imperative that the Sunshine Coast has both a planning scheme and a council that supports these types of developments if we are to remain competitive in attracting investment to the region,” Sunshine Coast Business Council chair Sandy Zubrinich said.
“The Sunshine Coast has not benefitted from a new 5-star resort development since the early 1990s, while the region’s popularity as a tourism destination continues to grow. We are a regional economy that depends on hospitality, tourism and retail to provide entry level jobs for our youth.
“These industries would all have benefited from this development and additional delays in approvals will have an impact on jobs growth — particularly youth unemployment which continues to be an issue for our region.
“In reality, the region is in desperate need of multiple new, high-end resorts within the next decade in the lead up to the 2032 Olympic and Paralympic Games. Resorts such as this bring high-yield visitors to the region as well as business events that deliver visitation mid-week, which greatly benefits a tourism industry still recovering from the impacts of the pandemic.
“We are at the beginning of another period of economic recovery where new jobs and investment is paramount, while this decision could see us lose out on a significant tourism asset and instead end up with another gated community with no access or benefit to the surrounding community.”
