The Gold Coast Bulletin

Sunland sues city for $1m

- CAMPBELL GELLIE

THE SUNLAND Group has filed another lawsuit against the Gold Coast City Council, four months after it was awarded almost $20 million.

The ASX-listed developer lodged a claim against the council in the Supreme Court of Queensland on August 29 for $1 million.

Sunland alleges it paid the council $1 million in infrastruc­ture charges for the developmen­t of 67 homes at The Lakes, Mermaid Waters.

It is claimed four payments were “made in response to invalid demands by the council”.

Sunland alleges it objected to the charges at the time but paid them “under protest” and in order to obtain final plumbing approval for the homes so it could get a certificat­e of classifica­tion to sell them.

On May 4, the Planning and Environmen­t Court found the council had wrongly charged Sunland almost $20 million in developmen­t fees for the developmen­t in five separate notices.

Judge Nicole Kefford ruled the bills sent by the council to Sunland were not valid infrastruc­ture charge notices and did not comply with the Sustainabl­e Planning Act.

The council has appealed against the decision.

The court found the notices were invalid because they did not state adequate reasons for the charge being issued, aside from a statement on each saying it was “as a result of the additional demand placed upon trunk infrastruc­ture that will be generated by the developmen­t”.

After the May decision, the council said it had issued “zero” developmen­t infrastruc­ture charge notices with the same wording.

A Gold Coast City Council spokespers­on yesterday (Thursday) said it would be inappropri­ate to comment on these matters as they are before the courts.

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