A dozen prominent Gold Coast business people have joined forces to discuss launching legal action against the sale of the Bruce Bishop car park in Surfers Paradise.
The new Save Surfers Paradise group, which is made up of high profile local professionals including 5 lawyers, have formed a legal sub-committee to pursue a Court challenge on the decision, which they say has been made “without any consultation with those who will be most damaged by it.”
“The Council decision to sell the Bruce Bishop Car Park is a very poorly thought out decision with serious ramifications for the tourism industry, for all commercial property and business owners in Surfers Paradise, and for residents as well,” the SSP group said in a statement.
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The group believes they have strong grounds for a successful legal challenge, given that the car park was initially funded by local property owners.
“The Bruce Bishop car park was largely funded through a car parking trust fund that collected millions of dollars from property owners and developers as contributions to provide parking at Bruce Bishop park in lieu of providing the required number of car parking spaces on their own land, as required under the City’s Planning Scheme.
“There are strong legal precedents establishing that where monetary contributions are collected in this manner, a trust for car parking purposes is created at law and binds the land, which means that it cannot be sold or developed for other purposes.”
The sale of the controversial car park was given the green light when put to a full council vote in May, despite scores of Gold Coasters opposing the sale.
The Save Surfers Paradise group says it will be filing Court proceedings shortly.