Council challenges Caloundra South decision
  • Friday 21 January 2011

Sunshine Coast Council has applied to the Supreme Court of Queensland for a judicial review into the State Government’s decision to declare the Caloundra South area as an Urban Development Area under the control of the Urban Land Development Authority.

Council's grounds for the application to the Supreme Court are based on the process used by the government to make its decision, in particular that the exercise of power to make the decision was so unreasonable that no reasonable person could have exercised it.

Council believes there has been a breach of the rules of natural justice in the making of the government's decision and is seeking to have the decision set aside.

Sunshine Coast Mayor Bob Abbot said that council was concerned about the decision making processes followed in relation to the designation by the government on such a critical part of the region's planning and growth management strategy.

"Council should have been consulted as part of this process—we could have clearly demonstrated that there was absolutely no need for such radical steps to be taken by the government," said Cr Abbot.

“The government is trying to take away the right of this region to make decisions on how the Sunshine Coast will look in 10, 20 or 30 years time.

"Whatever the outcome of this court action, council believes in accountability and this is one way we can be assured that there is accountability about such important decisions that affect this region and its communities.”

It is expected that the matter will be heard by the Supreme Court in around two to three months time.

See also document attached as lodged with the Court.