Council caves in again and won’t oppose 11 large two- storey disability cabins in a residential area at 1-11 Eagles Retreat Place.

Council at its last Ordinary meeting gave Council Officers the power to instruct its solicitors to either continue to oppose the developer application for 11 cabins or to agree to an approval with conditions. It was a fait accompli, as I was certain that Council fully intended to walk away from this Court case. As it turned out, that’s exactly what happened. I voted against the motion, but it was lost 6 votes to one.

A few days later, Councillors were advised that our solicitors had advised the Court it would not pursue the matter further.

This was the case where the developer applied to build a house, got it approved, then proceeded to apply to Council for approval for a tennis court and gazebo for the dwelling as a “Minor Change”, got it approved, and with haste, the developer sent in the bulldozers to clear the vegetation. Residents reported frightened koalas squealing from the falling old-growth trees. They had no wildlife spotters present. Just a day or two after this, a new development application was received by Council for 12 disability cabins, and you guessed it, cabins were shown in the very area where the tennis court and gazebo was approved, and the vegetation cleared.

Even a Gold Coast Developer told me: “ Derek, they would never have gotten away with this if we were in the Gold Coast City Council”.

Well, I reported this matter to you on 2nd July 2020 in the Scenic News newspaper and Tamborine Times, and told you how the developer had gamed the process, and that it was likely their original intention to apply for a cabin development and clear enormous amounts of vegetation from this steep escarpment site.

COMPLAINT MADE TO THE OIA
You can guess the next step. I received in the mail a letter from the Office of Independent Assessor (OIA) in September 2020, saying a complaint had been received that I misled the public because I said an application and clearing had occurred for a unit development (at that point, we knew the Developer’s real intentions) but the complainant argued no, it was for a Tennis Court.

The complaint therefore was as follows:
My Conduct in saying it was for a Unit development and not a Tennis Court and Gazebo was a breach of the trust placed in me as a Councillor, either knowingly or recklessly, and that his conduct was not consistent with Local Government Principle in section 4 (2) (e) “Ethical and Legal behaviour of Councillors ...

Council went on to list the sequence of approvals to try and justify its approvals

The OIA advised me that this was likely misconduct and I had to respond, which I did.

I denied the allegations and provided reasons.
The OIA didn’t accept them, and summoned me to their Office for a certain day and time saying I MUST ATTEND or be subject to a HEFTY FINE OF AROUND $10,000.

I ATTENDED ON 19TH July 2021 and was grilled for an hour. We both recorded the Interview.

Some months later, I received a notification from The OIA that they would refer me to the Conduct Tribunal, and that I had the opportunity to provide a further statement in the interests of natural justice.

I provided that statement, and it was also linked to four other complaints to the Tribunal from the Council CEO or Executive about my Councillor Comments column over the last two years. It took me almost a full week to research and prepare my defence.

On 29th June 2022 (nearly 2 years later), I received notification from the OIA that they were dismissing the complaint as it was an unjustifiable use of resources to continue, and Council’s case had not met the legal thresholds of a “breach of trust”.

THINKING OF BECOMING A COUNCILLOR?
Well, you may have an easier time if there are reforms to the OIA before 2024. Let’s hope a new CEO at Scenic Rim Council takes charge and reverses a toxic culture that that has used the OIA for political purposes.

It doesn’t happen in other Councils like this when common sense prevails. One thing that won’t change will be the need for any new Tamborine Councillor to boldly stand up for the Mountain’s interests if we don’t succeed in going to the GCCC. Time to start thinking about March 2024.

WHAT HAPPENS NEXT WITH THE EAGLES RETREAT PLACE COURT CASE?
This matter has now gone on for 13 months and only Jeanette Lockey and Amanda Hay from the Progress Association will attend court, give evidence, cross-examine witnesses and present the Mountain’s case to protect it from this inappropriate development in a Residential Area. They will argue against the developer, based on issues of amenity and compliance with the Council’s Strategic Framework in its planning scheme. It’s a David and Goliath fight, and we must take our hats off to them, as they have now devoted 12 months of their own time and costs in the Court process, when our Council has abandoned the fight believing they cannot win. As Judge Williamson said to the respondents in a hearing recently, you only have to prove one point and the case could be won. Let’s hope they are successful and common sense prevails.

Derek Swanborough
Councillor. Division 1
Ph 0436 351 567
derek.s@scenicrim.qld.gov.au