EXCLUSIVE: CASE DISMISSED: Fairmont Resort development application appeal denied in court
REFUSED
A Melbourne developer’s crusade to build a five-star Fairmont resort on the old ‘Havana’ site at 71-85 Port Douglas Road has hit another major stumbling block after his appeal was dismissed in the Planning and Environment court just hours ago.
Chiodo Corporation’s Paul Chiodo had previously told Newsport on June 21 this year “he’ll do whatever it takes” and he “won’t stop until I see this built”, but it now remains unclear what his next move will be after judge Kefford DCJ formally denied “a development permit for a material change of use to facilitate a luxury, five- star, resort complex contained in a single building” at Brisbane’s Planning and Environment Court in Brisbane.
Mr Chido’s plans for the Fairmont Resort had included a First Nations design element which would have been underpinned by “modern indigenous characteristics”.
The proposal had included several restaurants and bars, a decadent day spa, a treetop walk, panoramic conference and wedding facilities and all designed around resort-style pools.
The case had been heard in court on September 5-8, 11-15, 21 and October 12 before Judge Kefford finally made the ruling just a short time ago.
The case between Chiodo Corporation Operations v Douglas Shire Council had centred on the developer wanting to get the Fairmont resort DA approved and Douglas Shire Council, to the contrary not wanting it to become a reality.
Council had argued a number of reasons why it thought the DA wasn’t suitable for Douglas.
Some of these reasons included: whether the proposed development results in an unacceptable visual amenity impact, whether the proposed development is (was) inconsistent with the character of Port Douglas, whether the proposed development disregards Port Douglas’ distinctive tropical vernacular, whether the proposed development includes appropriate landscape works, whether the proposed landscaping is (was) functional and durable and provides for ease of ongoing maintenance – whether the scale of the proposed development is appropriate given its location, whether the proposed development will create a major tourist accommodation and entertainment area that will draw focus from the Port Douglas Town Centre.
Douglas Shire Council originally denied the $300-million luxury resort DA on September 28, 2021.
Douglas Shire, through the court papers said the DA should have always been refused because of the DA’s non-compliance with several assessment benchmarks in version 1.0 of the Douglas Shire planning scheme.