Council approves controversial development application at Villa Botanica

 It’s “business as usual” for Whitsunday wedding venue Villa Botanica, where the Hogan family can now legally hold weddings for 80 guests, up to 120 times per year, after council approved their development application to do so last week.

 Mayor Mike Brunker described councillors as “the meat in the sandwich” in an emotion-fuelled battle between the Hogans and lot owners on the gated Botanica Estate, whose argument centres around the degradation of amenity in an area originally designated for rural-residential use.

 “At the end of the day this (decision) was done on planning grounds. Although there’s an increase in the numbers of people to a wedding, we’ve reduced the amount, we’ve looked at traffic issues; we’ve taken in as much as possible of the objectors concerns to add that into the conditions of the planning scheme,” Cr Brunker said.

 “I think beyond us rejecting it totally, that would be the only thing that would make the objectors happy… but if we go to court in the future that will either be decided as right or wrong,” he said.

 Councillor Jan Clifford declared a conflict of interest and left the room, following which councillors voted five to one in favour of the DA, with only Cr Rogin Taylor against.

 Cr Taylor questioned the Hogans’ ability to comply with conditions saying the previous regulations “haven’t been adhered to since day one”.

 “The major problem I have is that this conflicts with the zoning. If this goes to the planning and environment court, which it probably will, it’s going to end up on the side of the residents,” Cr Taylor said.

 Cr Whitney urged all parties to think carefully before going down this path.

 “From my experience when these issues do go to court, no party wins,” she said.

 Chairman of the Botanica Estate Body Corp Greg Lange said lot owners were “gutted” with the decision.

 “Just because Council approved it doesn’t necessarily make it right,” he said.

 “Owners paid a premium for their lots because they were promised something exclusive.

 “These people (the Hogans), who have operated unlawfully for three years, were granted approval, and to self-regulate.

 “The conditions associated with that approval were embarrassing and an insult to our intelligence.”

 Mr Lange said members of the Body Corp committee would meet on Friday to look at the options of mediation versus the planning court.

 “I think everybody will sit down and listen to the Hogans and then decide what to do,” he said.