Angry residents to take council to court
A group of residents say legal action is imminent after a council CEO north of Brisbane handed down his final decision on a suburban hotel's controversial plans.
Council CEO Daryl Hitzman approved a negotiated decision notice last Friday with further restrictions being placed on the hotel after he took into consideration both parties' arguments.
But residents, who are being represented by the Pumicestone Area Noise Abatement Group (PANAG), said the decision did not address noise levels.
Hotel owner Rob Comiskey said while he was 'disappointed' by further restrictions being introduced to the development plans, he would accept the council's final decision.
Mr Hitzman originally approved the hotel's plans on March 29 with significant conditions. But he has been in discussions with PANAG and Mr Comiskey since then to come up with a final negotiated outcome.
As a result the number of major concerts the hotel can host per year was reduced from the approved 12 days to 11. The original application was for 24.
Mr Hitzman also removed the allowance for multi-day events to be classed as a single concert.
The hotel will be required to advertise its schedule for events on its website and further restrictions have been placed on operational hours for Sundays - not followed by a public holiday.
Mr Comiskey said: "I understand why (council) listened to residents' concerns, but the number is largely reduced from what we wanted".
"It is what it is."
But PANAG president Ken Park said the group would likely make an appeal against council's decision in the Planning and Environment Court, if it could fund the legal costs.
"There's no relief on the noise levels," Mr Park said.
"We have sent (council) a copy of a noise consultant's report, but it took no notice of it. There is a reasonable chance of appealing to the Planning and Environment Court, the only question is finding money to fund it."
A council spokeswoman said the residents had 20 business days from the date they received the negotiated decision notice, to appeal to the Planning and Environment Court.