Development Investigation - Summary of Findings

The scheme operators of the Laurel Springs Retirement Village, Lusping Pty Ltd, in their other role as developers of the extension to the village, have mismanaged the development of the new units.

1. Identity of developers of extension to Laurel Springs Retirement Village

Brian Anthony McGuiness and Lance Robert Taylor are the two directors of Lusping Pty Ltd,the company named as the developer for approval of applications for Material Change of Use and Operational Works for an extension to the Laurel Springs Retirement Village, and therefore are the developers of that extension

2. Unlawful dumping of building rubble onto Riparian Protection Area

On 13 May 2019, I made a written complaint to the Sunshine Coast Council about the unlawful dumping of large quantities of broken concrete and other building rubble onto adjoining land, by the scheme operators in their other role as developers of the extension of Laurel Springs. The affected land is a Riparian Protection Area associated with a creek which flows through my land. The council ordered the removal of the rubble; the cost of tipping fees alone was $45,000.

3. Unsafe road conditions near village extension

On 20 May 2019, I made a written complaint on behalf of a group of residents, to the Sunshine Coast Council about the road conditions near the site of the village extension. The original concrete road had broken up and had not been replaced, leaving elderly residents to walk through mud; the scheme operators, in their role as developers, were ordered to replace the road.

4. False information in development application document

In the complaint referred to above, I also complained about false information knowingly provided by scheme operators to the council, in a development application document. The scheme operators claimed that there are three golf buggies available on-call to transport residents around Laurel Springs, whereas there is only one buggy used mainly to transport staff; it is not generally available to residents on-call.

5. Non-compliance with approval conditions for village extension

On 21 September 2020, I made a written complaint to the Sunshine Coast Council that the retaining wall, that supports the filled land on which the new units were built, was not structurally sound and fit for purpose. The scheme operators knowingly failed to ensure that the wall was constructed in accordance with the approved plans, and failed to comply with relevant essential conditions of approval of the operational works; they failed to ensure that the construction was properly supervised and certified by a geotechnical engineer.

As a consequence, the retaining wall has failed, causing major damage to the unit, making it unsafe to live in. In addition, the scheme operators failed to ensure that the design of a safety fence on top of the wall was fit for purpose and the fence properly constructed, making it useless as a safety fence.

Council has commenced an investigation of the non-compliance with approval conditions; they have rejected the engineer’s report for the retaining wall, belatedly submitted by the Plaintiff in his role as developer, because it does not comply with the conditions of approval.

For details of how the scheme operators defrauded an elderly couple who bought one of the new units, refer to FINANCIAL INVESTIGATION -> DETAILS OF FINDINGS -> 18. Defrauded residents who bought new unit - structure unfit for purpose, and unconscionable exit terms

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