An application to "vary" a development control plan enabling the construction of a retirement village and aged care facility on North Lakes golf course land has been rejected "in its current form".
The application, made on October 19 to Moreton Bay Regional Council by JH Northlakes Pty Ltd, sought a "variation request" to the Mango Hill Infrastructure Development Control Plan (Mango Hill DCP).
It also included graphic illustrations of the proposed development by The Village Retirement Group (TVRG) on part of the golf course, which closed in 2019.
However, following a review of the application, Council said it "cannot be accepted" in that form.
“Council’s legal team undertook a review of the development application to determine if the development application had been lawfully made,” a Council spokesperson said.
“The applicant has been advised that Council is of the view that the development application cannot be accepted in its current form.
“The applicant has been provided with correspondence outlining the legal and technical reasons for this decision.
“Council will now await a response from the applicant.”
A spokesman for The Village Retirement Group said: “TVRG has been advised by Council regarding the application’s status.
“We expect to resolve the issue to ensure that the application is properly made in accordance with the legislation.”
A spokesperson for Save North Lakes Golf Course (SNLGC) said: “We welcome the decision from Council today that the development application submitted by the developer in it’s current form is actually not able to be made.
“This aligns with our position from day one. We will continue to remain vigilant to ensure that the green central corridor of North Lakes remains as intended.”
Council’s response to the variation request said under the Moreton Bay Regional Council Planning Scheme 2016, the Mango Hill DCP was “applied or adopted, but not incorporated” into the Scheme.
Therefore the application to vary the Mango Hill DCP cannot be made “as a matter of law” as the Mango Hill DCP is not incorporated into the planning scheme or a “planning scheme in its own right”.
Council’s decision also added: “Because the Mango Hill DCP is not a local planning instrument, it cannot be varied by a variation request”.
JH Northlakes has 20 business days - or a time frame formally agreed with Council - to take the required action.