Dwyer Quality Homes owner Wayne Dwyer is building a tennis court on top of his Minyama Island home.
Dwyer Quality Homes owner Wayne Dwyer is building a tennis court on top of his Minyama Island home. Warren Lynam

Builder boss returns serve in rooftop tennis court stoush

A PROMINENT Coast builder says he will "absolutely" fight Sunshine Coast Council efforts to ban him from using the roof of his exclusive island home.

The council says Dwyer Quality Homes owner Wayne Dwyer and wife Vicki Dwyer have not heeded an enforcement notice issued on May 14 to immediately stop work on unapproved additions of a deck, fence, stairs, lighting, roofing, walls and lift access to his Minyama Island home.

It said the work breached an 8.5m height limit for the property.

READ: Council 'confused' over mansion extension: builder

"After receipt of the enforcement notice, further building work associated with the wooden frame, lift well and weather shelter was carried out," a Planning and Environment Court application lodged by the council on Friday read.

The council has asked the court to issue a stop work notice and ban the Dwyers from using the rooftop area until a development approval was in effect.

Wayne Dwyer says the fence on his Minyama Island home roof can be folded down to fit within height regulations.
Wayne Dwyer says the fence on his Minyama Island home roof can be folded down to fit within height regulations. Warren Lynam

Mr Dwyer said the council had it wrong, and it just appeared that he was working on an addition that exceeded the 8.5m building height limit.

"We are working on a fence that has to be constructed in its upright position but that folds down to under 8.5m," Mr Dwyer said.

He said the 3m fence would be finished and folded down by the end of the week.

"We've already had our first game of tennis up there.

"If we get the development application (approved) we can leave the fence in an upright position."

The council's court application said the work had been started by the Dwyers in January.

The Dwyers submitted a development application for the recreational deck in late March, with designs showing the proposed structure reaching 11.37m.

Those plans showed house reached 8.47m before the additions.

"There should be case-by-case consideration... given to allowing any increases in the building height limit," the application, with Mr Dwyer's name at the end of it, read.

"It seems ridiculous to have a building height limit as a blanket cover over all of the Sunshine Coast.

"For instance, in most new estates on a 300sqm block of land you can build 2m from the boundary and build to a height of 8.5m.

"It does not seem right to adopt those exact same principles to somebody on a 2000sqm riverfront block of land building a multi-million-dollar house where the structure is 6 to 10m from a side boundary and the neighbours are all looking towards the water.

"I can understand that there should be strict building height limits if the height of your structure is going to impede in any way, shape or form the views or vistas from adjoining properties or neighbours or lead to massing of structures."

Drawings submitted in a development application show plans Wayne and Vicki Dwyer have for their Minyama Island rooftop extension.
Drawings submitted in a development application show plans Wayne and Vicki Dwyer have for their Minyama Island rooftop extension. Contributed

The Dwyers' development application also listed the heights of 11 other Minyama Island homes that were above the 8.5m limit as well as a further five Mooloolah Drive homes.

"Minyama Island is a small island with 22 multimillion-dollar houses built upon it.

"When we get this recreational deck completed we are going to form a small Minyama social group and try and have regular gatherings and enjoy a few activities.

"This binds a community together and allows residents the opportunity to get to know one another better.

"This proposed recreation deck has got the support of many Minyama residents - there are quite a number of residents which are looking forward to the completion of such."

Drawings submitted in a development application show plans Wayne and Vicki Dwyer have for their Minyama Island rooftop extension.
Drawings submitted in a development application show plans Wayne and Vicki Dwyer have for their Minyama Island rooftop extension. Contributed

Public consultation, in which people can make submissions for or against the proposal, started on June 21.

Submissions will close on July 17.

The Dwyers submitted amended design plans to the council on June 26, after public consultation had started, showing an increased maximum building height of 12.12m.

"It ended up a bit taller than we thought it was going to be," Mr Dwyer said.

The council's application on Friday asked the court to declare the Dwyers, Dwyer Quality Homes and another of Mr Dwyer's businesses, Octoclay Pty Ltd, had committed an offence against the Planning Act by carrying out the work without a permit.

It also asked the court to declare Mr Dwyer had committed an offence against Planning Act by failing to ensure Dwyer Quality Homes and Octoclay did not carry out the work.

"If the orders sought are not made, the amenity of persons within the vicinity of the premises will be negatively affected due to the impact of the built form of the rooftop work, the use of the rooftop area and the operation of equipment including lighting on the rooftop area," the application read.

Mr Dwyer said all work conducted since the enforcement notice was received had been below the 8.5m height limit.

He said no one from the council had called him or spoken to him directly to ask him what was going on since about February.

"We haven't broken any laws," Mr Dwyer said.

He suspected the council's court application had been a result of pressure from his neighbours.

He didn't think the council had much chance of getting a court to ban him from using his own roof.

"It's drawing a long bow."

A Sunshine Coast Council spokesman said the council was investigating a development complaint regarding a Minyama Island home and was considering the appropriate action to take.


Historic battle between UK and Australia settled in Laidley

Historic battle between UK and Australia settled in Laidley

A touring team from the UK has taken on the best the Lockyer Valley has to offer in...

Why locals say it will rain in the Lockyer this Friday

premium_icon Why locals say it will rain in the Lockyer this Friday

It might not be scientific, but there’s a reason why we can expect rain the Lockyer...

IN COURT: Full list of 51 people in Gatton court today

premium_icon IN COURT: Full list of 51 people in Gatton court today

Here is a list of everyone who is appearing in front of the Gatton Magistrates...