The owner of a 17-bedroom, 17-bathroom mansion alleged to have been operating as a de facto hostel in an exclusive Sunshine Coast suburb has been found guilty of development offences and slapped with a range of enforcement orders.
In 2019, neighbours of 9 Fortitude Place, Birtinya, complained that their waterfront enclave had been overrun by cars and people coming and going from a three-storey property, built in late 2018.
Sunshine Coast Council, acting on the complaints, launched court action against owner Michael Gavin.
Planning and Environment Court Judge Glen Cash QC has delivered his judgement.
Judge Cash found the owners had contravened regulations by using the building as an “accommodation building’’ in a residential zone where this was not permitted.
He said the building had three storeys, 17 bedrooms – each with their own
ensuite bathroom – capacity for a kitchen on each floor, and provision for separate
electrical and water metering for each bedroom.
Court documents detail allegations the owner advertised rooms on well-known real estate websites with descriptions such as, ‘Private room with ensuite’, ‘Furnished room with ensuite in share house’, and ‘1 bedroom 1 bathroom apartment’. The rent was $220 per week and for more than a year from January 2019 to March 2020 the rooms were rented to “a number of persons”.
“One neighbour deposed that there were as many as 15 different people living in the building. This use of the building had a significant adverse impact on the amenity of others in the area, including because of parking issues and traffic congestion,” the judge said in his summary.
Join an independent local news revolution by subscribing to our free daily news feed: Go to SUBSCRIBE at top of this article to register
In his judgement, Judge Cash said council’s case was “overwhelming’’ and he ordered the building not to be used as anything other than a dwelling house.
“These orders will include prohibitions on letting, or advertising to let, individual rooms or floors within the building,’’ he said.
“It is not intended to prohibit letting the building as a whole, but it is not to be used as an ‘accommodation building’.
“In order to make the building less attractive as an accommodation building some doors will be removed or changed.
“The areas on the first and second floors capable of use as kitchens are not to be used for that purpose and the plumbing in those areas is to be capped-off.’’
Judge Cash ordered the removal of keyed internal locks to most doors within the property.
He said the capacity to individually measure the water and electricity use in each bedroom was to be removed. There was to be only a single electricity and water meter for the building.
“In case I have made some error in the balance of the orders, I will allow the parties until 15 January 2021 to propose, by way of a draft order, any suggested changes to better reflect my intentions. I will then make final orders.’’
In his conclusion, Judge Cash said there seemed to be no reason why the respondents should not pay council’s costs.
“The case presented by the council that the respondents had committed development offences and that there should be enforcement orders made was overwhelming,’’ he said.
“So much was acknowledged by the concessions made by the respondents shortly before and during the hearing. Unless the parties propose some other order, I will, when making final orders, order that the respondents pay the applicant’s costs of the application on the standard basis.
“If any party proposes a different order as to costs, each party has leave to file written submissions of not more than five pages on the question of costs on or before 15 January 2021.’’
Mr Gavin declined an opportunity to comment on the outcome of the court case.
The property is currently listed for sale or rent through Elite Lifestyle Properties at Minyama, and is described as a perfect home for an “extended family’’.
It is described as an “extraordinary large lakeside house with spectacular views in the best location in exclusive Birtinya’’.
“Boasting a modern three-storey design, with living areas, balconies, bedrooms, kitchen/bar on every level and the option of dual living, this house provides endless options for an extended family or for visiting guests,’’ the sales material says.
“Light filled, spacious and airy, the 17 ensuited rooms can be easily customised to suit the needs of your family and guests whether it be a study, media, family room, playroom or gym.
“Thoughtfully designed for those seeking the option to combine their extended family all under the one roof, the separate living and entertainment zones along with spacious bedrooms and ensuites on each floor can combine to allow you to come home after a busy day, relax and catch-up with one another, yet have ample room for your own space and privacy.’’
The property is walking distance to the Sunshine Coast University Hospital, shopping centres, NightQuarter markets and the proposed new town centre.
