A West Coolum Road property owner is fighting an enforcement notice to clear fill from her land.
A West Coolum Road property owner is fighting an enforcement notice to clear fill from her land. Contributed

CLEAN IT UP: Coast creek property crackdown

A WATERFRONT property owner has been ordered to remove 7000 cubic metres of fill and stop alleged recycling and transport depot operations on her Coast block.

But she is fighting the Sunshine Coast Council crackdown, lodging a Planning and Environment Court appeal against the enforcement.

Michelle Anne Casaubon was sent an enforcement notice early last month in regards to her West Coolum Rd property.

It fronts onto Coolum Creek, which flows into the Maroochy River.

The council alleged 7000 cubic metres of fill had been placed on the block and the land was being used for industrial activities involving recycling, burning and sorting of construction material and other waste.

It also alleged the block was being used as a contractor's yard involving overnight storage of two or more vehicles or trucks.

It said no development approval had been gained for any of the activities.

The enforcement notice ordered the recycling and contractor's yard be stopped immediately and all associated materials be removed.

It also ordered a site management and rehabilitation plan be submitted by April 21 detailing how the unauthorised fill would be removed from the property.

That plan would then have to be put into action within 30 days of being approved.

But Ms Casaubon said in her appeal she did not live at the property and it was her brother who carried out the filling work and alleged recycling activities.

She also disputed the amount of fill.

"Contrary to the allegation contained in the enforcement notice, the amount of fill introduced onto the subject land pursuant to the filling work was approximately 2000 cubic metres and not 7000 cubic metres, as is alleged,” the appeal read.

Ms Casaubon also said she was not given a show cause notice before the enforcement notice was issued.

The appeal said she would lodge a development application to authorise the fill already on her property.

Her lawyers asked the enforcement notice be set aside or stayed.

"The appellant (Ms Casaubon) is of limited means and cannot immediately afford to engage a suitably qualified expert to prepare the site management and rehabilitation plan within the time frame specified.

"It is not possible for the stockpiled materials to be removed from the subject land within the time frame specified.”

A council spokesman said its investigation into the property was prompted by complaints.

The case continues before the Planning and Environment Court.



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