AN APPEAL, led by former Fraser Coast Councillors Sue Brooks and David Lewis, is progressing with momentum, seeking to have the height of the recently approved 18 storey Torquay development that would house the proposed Sheraton Hervey Bay Resort, reduced or thrown out.

This project, which has been a subject of debate within the community for the past 12 months, now appears to be entering a new phase, as the opposition exhausts all available legal avenues in an effort to impede its progress.

The appellants seek to have the Queensland Planning and Environment Court mandate a reduction in height for the approved development.

Their primary objective is to ensure that the development conforms with the applicable Planning Scheme, despite its prior approval by the Fraser Coast Regional Council.

Former Councillor David Lewis has confirmed that legal counsel has been retained to advise on the matter and to prepare a formal Notice of Appeal, which is a requisite preliminary step in pursuing the appeal. 

He anticipates that the appeal will be lodged imminently and expressed confidence in the strength of their legal arguments. 

The group, operating under the name Torquay Towers Appeal Fund – Hervey Bay, believes they have strong grounds for challenging the decision. 

However, Mr Lewis prudently acknowledged that should legal advice indicate otherwise, the group would take the responsible course of action by discontinuing the appeal. 

Donors have been apprised of this possibility and have expressed their continued support for the process.

At time of writing, the ‘Go Fund Me’ campaign supporting the appeal had raised in excess of $11,000 from 147 contributors, with donations ranging from $1,000 to more modest sums of $5 and $10.

Torquay Towers Appeal Fund has also made assurances that should the appeal not proceed, all donations will be refunded to the contributors.

A pertinent question has arisen regarding the legal expenses already incurred: if the law firm involved concludes that the appeal is not viable after dedicating time and resources to its evaluation, will the costs incurred be refunded to the Torquay Towers Appeal Fund for distribution back to the donors, in line with the Fund’s promise? 

In this context, former Councillor Brooks has emphasized that she has maintained direct communication with all donors, who remain supportive of the actions being undertaken to advance a robust appeal.

Additionally, Ms Brooks has indicated that a formal request has been submitted to the Minister for Housing, Local Government and Planning, and the Minister for Public Works, the Hon. Meaghan Scanlon MP, to intervene in the matter by calling in the application. 

A Queensland Government E-Petition, along with a complementary hard copy petition, has garnered approximately 2,700 signatures in support.

At this juncture, the dual-pronged approach of the Torquay Towers Appeal Fund comes into clear focus. 

The first element is the legal appeal to the Planning and Environment Court. However, it is evident that the $11,000 raised to date will likely prove insufficient should legal counsel advise that there is a viable path to success, as the costs could potentially rise into the hundreds of thousands of dollars. 

The question of where the additional funding will come from remains unresolved.

The developers of the project, Sunny Land, would be expected to participate as a respondent in any proceedings. 

It is reasonable to anticipate that they will seek to expedite the legal process to prevent any delays or obstructions by the Torquay Towers Appeal Fund. 

Given the strong internal recommendations from the Fraser Coast Regional Council, substantial public support, and the favourable outcome of the Council vote, it is not unreasonable to surmise that the developers are confident in their position.

The second element of the appeal involves the formal request to Minister Meaghan Scanlon MP to call in the development application on behalf of the state. 

Petitioners are urging the Queensland Parliament to compel the Minister to invoke the powers under the Planning Act to either reject the application or amend it to comply with the Fraser Coast Regional Planning Scheme.

Minister Scanlon, elected in 2020 with a margin of 7.8%, faces potential political headwinds, with recent by-elections showing an 18% to 19% swing away from Labor to the Liberal National Party (LNP). 

This raises questions about her political future, especially with the Queensland State General Election scheduled for October 26, 2024. 

Furthermore, the Labor State Member for Hervey Bay, Adrian Tantari, who holds a slim 2% margin, may seek to avoid controversy in his own backyard, surrounding this issue in the lead-up to the election.

Many media outlets are predicting a significant defeat for the Labor Party in the upcoming Queensland State Election, with the potential loss of a substantial number of seats and overall control of the government. Should these forecasts prove accurate, any current appeal to the Minister may become moot.

The Fraser Coast Regional Council, which ultimately represents the interests of ratepayers, may be facing a protracted and costly appeal process to defend the position it has already adopted. This raises pertinent questions regarding the potential financial burden on the community and ratepayers.

In my opinion, when you consider the timing of the appeal, the prevailing political landscape, and the expert opinions that supported the project’s approval by the Fraser Coast Regional Council, the likelihood of success for the Torquay Towers Appeal Fund appears to be limited.

What do you think?