Court dismisses cease plea from Helidon Spa over development
LOCKYER Valley Council has been cleared to continue enforcement action against Helidon Spa over alleged development breaches.
The Queensland Planning and Environment Court dismissed the application from Helidon Spa director Khaled Hammoud for enforcement action to be ceased until two supreme court matters between the council and the spa had been finalised.
The council has claimed Mr Hammoud, through his company Zaczane Holdings, built 84 cabins and removable homes in the Helidon Spa Caravan Park but had approval for just 16.
The council claims the construction included installing plumbing and drainage works to the cabins.
Mr Hammoud denies he has breached planning obligations and claims the council has engaged in an "unlawful interference with trade".
He said the enforcement application should be stayed until after the supreme court matters as they began at an earlier date.
The council denied Mr Hammoud's claim the enforcement action would determine the other court proceedings.
Judge David Searles found there was little overlap between the various legal actions between the council and Mr Hammoud that could justify a delay.
"Zaczane has failed to demonstrate on balance, that the interests of justice are best served by the grant of a stay," he said.
"It is true that its supreme court proceedings commenced first, and are somewhat more advanced than the enforcement application."
The application was dismissed but the council will make submission on costs. The supreme court matters between the council and Mr Hammoud are yet to be finalised.