Update: P&E Court happenings

Two long-running, major Planning & Environment Court (P&E Court) cases involving SCEC reached their respective milestones in recent weeks.

SEKISUI SAGA CONTINUES

The Sekisui saga continued with the matter remitted to the Maroochydore Planning & Environment Court for hearing in August. This followed the earlier decision by the Supreme Court which found in favour of Development Watch’s appeal ie the community that the primary judge, Her Honour Nicole Kefford DCJ, erred in her initial 2020 P&E judgment. 

This milestone win saw DW as the First Appellant and SCEC as the Second Appellant continuing to represent the community and the environment against the Sunshine Coast Regional Council and Sekisui. (SH Coolum Pty Ltd).

Judge Kefford again presided over the full-on two day hearing based on these errors of law. Her Honour has now reserved her decision for an expected four months. 

SCEC sincerely thanks the community for their unwavering support. While we don’t embark on legal proceedings lightly, when the environment, wildlife, amenity and planning integrity is at stake, certain Council decisions cannot go unchallenged. And we won’t give up until, together, we have ‘Saved Yaroomba!’ 

TWIN WATERS WEST EBBS AND FLOWS THROUGH THE COURT 

Following Sunshine Coast Regional Council’s welcome refusal of Stockland’s inappropriate development (yes another one!) in July 2020, SCEC joined as a Co-Respondent by Election in September 2020 along with other community groups and individuals in the Planning & Environment Court appeal. After significant activity in proceedings and a four week hearing throughout July & August this year (one of the longest and most complex in the P&E Court’s calendar for 2022), Judge Everson has reserved his judgment.

Some shared issues for the co-respondents  included impacts on conservation areas, water quality in the wetlands and Maroochy River, impacts on wildlife such as the Eastern Grey Kangaroo and vulnerable water mouse, ecological and heritage values and, not surprisingly, the flood-prone nature of this 104ha site which sits within the Maroochy River floodplain.