Complaints raised over tavern's renovation start date
MAJOR renovations of a CBD hotel in Maroochydore were started before issues relating to the conditions of its development approval had been resolved according to Sunshine Coast Council's own documents.
Sunshine Coast Council on March 2 said it was investigating complaints that Condition 4 of the Duporth Tavern approval had not been met before work started in early February.
The condition required that before work started Building Architectural Plans relating to the redevelopment had to be submitted and evaluated.
Section 163 of the Queensland Planning Act 2016 states: "A person must not carry out assessable development, unless all necessary development permits are in effect for the development".
Failure to do so carries a maximum penalty of 4500 penalty units, the equivalent of $548,550.
A question put to the council went ignored about what potential penalties applied for starting development work before all permits were issued.
The plans were lodged on the council's Developmenti portal on January 24 with a request from the architect for evaluation to be expedited because construction.
On March 1 Kevin Hendry, a committee member of the adjoining Duporth Riverside Apartments, received an email from the council's planning officer for the project in response to a request for information about the status of the approval.
It stated: 'The 'Final Architectural Building Detail' plans are currently being assessed by Council prior to endorsement'.
That advice came at least two weeks after adjoining property owners noted that work on the project had started.
Questioned on Wednesday as to why work had not been stopped or whether the plans had been endorsed, a council spokesman said:
"On 3 March 2020, Council officers received plans from the applicant to address condition 4 of the development approval. This matter is currently under assessment.
"Council will continue to work with the applicant to ensure compliance with all of the conditions of the approval."
Mr Hendry said he has lodged a formal complaint to Sunshine Coast Council acting CEO Warren Bunker.
"As I indicated to Council, and as you are well aware, Developmenti clearly says that a document described as 'Compliance with Condition 4 - MCU19/0056' was lodged on 24/1/2020," he said.
"I cannot understand how Council can make the claim that it only received the documents relevant to Condition 4 of the DA on March 3.
"Council's Developmenti portal says that a document described was received on 24/1/2020.
"A copy of this document was downloaded from the website and it says, 'It is noted that construction is commencing shortly, therefore it is asked that Council's review of these plans is treated as a matter of urgency.'
"The Development Planner responsible for assessing MCU19/0056 advised me in writing on 1st March that 'the 'Final Architectural Building Detail' plans are currently being assessed by Council prior to endorsement'."
Questions put to Duporth Tavern principal shareholder Clayton Williams have gone unanswered.