GemLife Appeal in Planning and Environment Court

Today (30 May 2024) Her Honour Judge Kefford announced her judgement.
She has upheld Noosa Council planning staff’s recommendation to reject the Gemlife application for a seniors’ living community adjacent to the Cooroy Golf Club, which included dwellings and a clubhouse on Club land, in March 2021. All councillors supported this decision.

Her Honour Judge Kefford: “I order the appeal be dismissed. The development application seeking a development permit for making a material change of use and a development permit for reconfiguration of lots is refused.”

February 2024 – Resumption of the GemLife Appeal
The first five days of this appeal took place last year, from 26 July to (and including) 1 August. On the final day, GemLife’s lawyer requested an adjournment of the hearing, in order to address Her Honour Judge Kefford’s concerns regarding the lack of clarity and several contradictions in the Appellant’s evidence.

The adjournment was allowed and GemLife offered to pay Noosa Council’s costs thus far. At the time, the expectation was that the appeal hearing would resume in September.

However, after another Minor Change Application and new evidence from expert witnesses and the revision of many plans, the date for the resumption of the hearing was finally agreed for February 2024.

The first and second days were taken up with cross examination of the Visual Amenity, Water Quality and Town Planning expert witnesses for both Noosa Council and GemLife. Judge Kefford then allocated all of Thursday, for the writing of the Closing Submissions, which were required to be emailed to her Associate by 4pm that afternoon.

On Friday, the final day of the hearing, these submissions were tendered in hardcopy and discussion took place on outstanding matters. Evidently the provision of aged care cannot be guaranteed; contractural arrangements such as Bank Guarantees have no validity in town planning, the reconfiguration of the boundary of several lots seems to have difficulties, and it is still not clear that this is truly a Retirement residential estate, as all plans and many reports indicate it would be a GemLife Luxury Resort.

Also, Condition 14, of GemLife’s Proposed Draft Conditions, The obligations in the Myall Street Agreement dated 27 July 2023 must be complied with., was abandoned.

 The hearing was concluded that afternoon, however Her Honour asked for further submissions on the reconfiguration of various lots, to be submitted at a future date and indicated that it will be more than a year before she will be able to produce a judgement as, she has a long list of judgements to finish and will be going on extended leave sometime later this year.