Community Disappointed by Sheraton High-Rise Approval

The development of a largest luxury hotel complex north of Brisbane has entered a legal battle after the Fraser Coast Regional Council approved the construction of an 18-storey Sheraton resort in Hervey Bay.

The project, valued at $450 million and developed by Sunny Beach Land Pty Ltd, was narrowly approved by a six-to-five vote during a council meeting on July 24, 2024. The development consists of two towers on the Hervey Bay esplanade, featuring hundreds of hotel rooms and residential units.

Legal Challenges and Environmental Concerns

Following the approval, the Fraser Coast branch of the Wildlife Preservation Society of Queensland lodged a notice of appeal with the Planning and Environment Court on September 18, 2024. The appeal seeks to set aside the council’s decision, citing potential adverse impacts on endangered wildlife.

The appeal specifically highlights risks to migratory shorebirds and endangered sea turtles, such as loggerhead turtles, which are sensitive to artificial light. Paul Murdoch, a member of the Wildlife Preservation Society of Queensland, stated that the court’s decision would serve as an important legal test regarding the strength of state government environmental codes intended to protect the coastline from illumination.

In response to these concerns, Sunny Beach Land proposed a best-practice lighting design to prevent light from shining directly onto the ocean and beach, suggesting that sand dunes and natural vegetation would provide further protection. However, Murdoch characterized this proposal as a nebulous throw-away line lacking necessary detail.

Community and Indigenous Opposition

The project has faced significant opposition from local residents and political leadership. Fraser Coast Mayor George Seymour, a staunch opponent of the development, argued that the project does not align with the identity of Hervey Bay, which he described as being defined by a smaller sense of scale rather than large buildings.

The resort’s height was a central point of contention. To secure approval, the developer agreed to a compromise, reducing the proposed height of the twin towers from 21 storeys to 18 storeys plus a rooftop bar. Even at this reduced height, the resort will be three times taller than the current tallest building on the esplanade.

Further conflict emerged regarding consultation with traditional owners. While celebrity spokesperson Jamie Durie claimed the developers had worked very closely with Indigenous communities, this was disputed by the Butchulla Native Title Aboriginal Corporation (BNTAC).

“Sometimes I make the comment that [traditional owners] are considered as an afterthought, but we weren’t even taken into consideration.” Aunty Veronica Bird, general manager of the Butchulla Native Title Aboriginal Corporation (BNTAC)

Tilly Davis, a BNTAC ranger, expressed concern that the project’s height and the resulting increase in light and chemical pollution would be detrimental to the country and the ability to practice culture.

Developer Response and Economic Outlook

Dan Cuda, director of Sunny Beach Land, has defended the project, stating that the company consulted with a wide range of community members over an extensive period. He acknowledged the opposition but described it as coming from a vocal minority.

Cuda emphasized that the $450 million investment would bring major economic, employment and social benefits to the Fraser Coast region. To protect the approval, the developer has engaged the Brisbane law firm Corrs Chambers Westgarth to rigorously defend the project in court.

The council’s approval included several mandatory conditions, requiring the resort to maintain a minimum 5-star rating and ensuring construction is completed within 10 years.