Appeal against NorthBreak

Surf Park Development

Jamie Jansen


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The proposed surf park will be located in the Mowbray Valley (5640 Captain Cook Highway, Mowbray). Image: Newsport

An appeal has been filed against the development application of NorthBreak wave park.

The appeal comes after the development plans for the $317 million surf park received State Government approval earlier this year.

The appellants include Chiodo Corporations, Douglas Shire Sustainability Group (Didge McDonald, Laurene Hull, Carolyn Toohey, Neil Hewitt, Mike Berwick, Hugh Spencer, Michael Parsons) and individual appellants Colin Musson, Renata Musson, Josh Gibson and Hilary Kuhn.

The appeal states that the proposed development is an inappropriate use of the land and there is no need for the development. “The proposed development is inconsistent with the community expectation in the locality in light of the serious non-compliances with the planning scheme, particularly in relation to the loss of rural land.”

Furthermore, the appeal claims that the development conditions imposed by the Douglas Shire Council are not adequate to address the issues identified and include conditions which are unlawful or otherwise prohibited development conditions.

The issues identified, according to the appellants, refer to the following:

  • Inappropriate use of land which is in non-compliance with provisions of the planning scheme.
  • Built form and height which is not contemplated by the Rural zone.
  • Loss and fragmentation of good quality agricultural land and adverse impacts on the land use.
  • Concerns around adequate infrastructure servicing.
  • Concerns around ecological impacts.
  • Concerns around water quality impacts, amenity impacts, flooding impacts and traffic impacts. 

Newsport has contacted Council for comment but a Council spokesperson said Council is currently reviewing the appeal documents which were submitted to the Planning and Environment Court last week.

As this is a legal matter, it would be inappropriate to comment further at this stage.

To read the full appeal click here.

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