Coles take Council to court over Beerwah refusal

It looks like Coles aren’t giving up on Beerwah without a fight.

Their property development arm – Coles Group Property Developments Limited – have commenced legal action against the Sunshine Coast Council after Council rejected their development plans for the corner of Steve Irwin Way and Roys Road in Beerwah.

The legal firm HopgoodGanim Lawyers filed three separate appeals yesterday (August 25) on behalf of Coles, asking the Planning and Environment Court Council to overturn Council’s refusal of all three applications.

The three controversial development applications – for a petrol station/McDonalds; a Coles supermarket; and redrawing the internal property boundaries – were unanimously voted down by Council at their July 22 ordinary meeting, with multiple reasons given, mostly relating to the developments being too far outside of what the Sunshine Coast Planning Scheme allows.

Local Division 1 Councillor Rick Baberowski stated in the GC&M News edition at the time, that the new centre was not warranted in that location.

“This new centre would have had poor access to the CBD at an already busy intersection, poor public transport and pedestrian access, and would have required giving up land that is zoned for industrial uses, and losing the broad range of future jobs that go with those kinds of businesses,” Cr Baberowski said.

“Even worse in my view, the application to vary the planning scheme would have further fragmented the existing centre in Beerwah. I just didn’t see the sense in repeating that history by introducing yet another separate centre.”

In the notice of appeal Coles argue that Council made the wrong decision in refusing their developments and that their proposals are in the best interest of the community.

“The proposed development will enhance the cultural, physical and social well-being of the residents of Beerwah, and the wider locality, through enhancement of business, industrial, community, sport and recreation and other activities,” they state.

As the arguments from both sides are likely to be complex, it appears likely that the uncertainty surrounding the development will be continuing for a while yet.

GC&M News will bring you more details as they come to hand.