HOME BATTLE
Residents take govt to court to get $25k first-house grants
CLINT Calman (below) is among a dozen-plus residents of a subdivision taking legal action against the state government to get first Homebuilder grants. They claim the state is refusing to pay them $25,000 each by saying work started after the subsidy – brought in during the pandemic – went live. Residents say that can’t be true because the builder, leading the fight against the state, gained development approval after the grants. “We applied the day after our neighbour got his approved yet got rejected,” Mr Calman says.
MORE than a dozen residents are fighting the government for $320,000 they say they were denied in firsthome grants.
Homeowners in Southport’s Sphere Garden Terraces claim the state government has refused to pay them each the $25,000 Homebuilder grant because work was started before the subsidy came into effect.
However, the residents say that cannot be true because the builder, who is leading the fight against the government, gained development approval from the council well after the grant was announced.
One of the residents said the dispute had become so ludicrous that his neighbour, with whom he shares an external wall as part of the same build, has received their $25,000 concession.
“Some of us bought these houses because the grant was on offer,” said Clint Calman, one of the Musgrave Ave residents fighting the government.
“It was a great incentive and $25,000 is a lot of money so this is a huge kick in the guts. It’s so frustrating. We applied the day after our neighbour got his approved yet we got rejected.
“We share a wall and a concrete slab, which means they were built simultaneously, so how did they get approved while we didn’t?”
The Homebuilder grant was a federal government program announced in mid-2020 to supercharge the building industry in the wake of the first Covid lockdown. The program was administered by the state government through the Office of State Revenue.
Mr Calman and 13 other residents bought townhouses at Sphere Garden Terraces in late 2020 while they were being built. The state government claims construction began in May 2020, weeks before the Homebuilder eligibility period began in June.
In a letter to Mr Calman, the government said satellite imagery showed site preparation works had taken place on May 26, 2020.
However, Villa World insists no actual construction began until August 24, once its development application was approved.
The eligibility of the grant was solely based on construction beginning after June 4, 2020. Three others, including Mr Calman’s next door neighbour, received the grant.
The rejected residents are taking the case to the Queensland Civil and Administrative Tribunal (QCAT). Villa World is covering their costs.
A Treasury spokesman did not address questions about Mr Calman’s case but said the eligibility criteria for the grant was set by the federal government: “The criteria are clear on definitions,” he said. “For example, construction commencement, which for an offthe-plan home in a new development is the date excavation and site preparation work began.
“This type of work includes land clearing, demolishing structures, remediating land and construction of roadways, guttering and sewerage.
“Under this agreement, there is no discretion for Queensland Revenue Office to accept applications that don’t meet the criteria.”
Bonney MP Sam O’connor, who wrote to Treasurer Cameron Dick on Mr Calman’s behalf, said the rollout had been “clearly bungled”. “Clearly an administrative error has occurred and every homeowner in this complex should receive the grant for which they are eligible,” he said.
WE SHARE A WALL AND A CONCRETE SLAB, WHICH MEANS THEY WERE BUILT SIMULTANEOUSLY, SO HOW DID THEY GET APPROVED WHILE WE DIDN’T?
CLINT CALMAN
A PROPOSED luxury $73m residential tower overlooking one of the Gold Coast’s busiest schools has been rejected by the Gold Coast City Council because it was too bulky.
Melbourne-based developer Little Projects Co last year unveiled its 34-storey Aperture tower and put its units on the market ranging from $2m to more than $7.7m.
However, the council this week rejected the project, setting the stage for a battle in the Planning and Environment Court. The “disappointed” developer says it is planning an appeal.
In its delegated authority decision, council officers said
they rejected the tower because “reduced setbacks and high site cover in proportion to the tower height proposed promotes an overbearing perception of bulk in proportion to the tower height”.
“The development represents an overall dominant outcome which is not consistent with the character and amenity expectations of the local area,” the council decision reads.
“The proposed tower form has been designed dispro
portionate to the size of the site, detracting from the character of Broadbeach.”
Little Projects, headed by former Toll Holdings boss Paul Little, announced the Mary Ave project in August 2021. The tower was to feature 29 full-floor and doublestorey apartments.
A company spokesman said council’s stance was “disappointing” and vowed to fight it further.
“After endeavouring to work in good faith with council officers over the assessment process, the parties have not yet been able to reach a mutually acceptable outcome,” he said.
“Given that our proposal was code assessable, meaning
it complied with the City Plan, we are very disappointed with the decision.
“We remain committed to delivering on the significant investment we have made in the Gold Coast and plan to commence proceedings in the Planning and Environment Court with a view to being in a position to commence our delivery of exceptionally high-quality housing for the city in coming months”.
Aperture was to be Little Projects’ second Gold Coast project following the under construction Signature Broadbeach on nearby Philip Ave.
The 245-unit building, proposed in 2017, sold out entirely and is due to be completed in 2022.