Man fights to build apartments
MARY River marina and chandlery owner Neville Foord is taking on the State Government so he can build his Maritime Gateway apartment block overlooking the river after eight years of fighting to get it approved.
“I’m now petitioning parliament because that’s the only way apparently I can override the power of Qld’s registrar of titles and water allocations, who tells me he didn’t make a mistake when he took 9.4 metres off my Wharf Street land in 2006 to correct a supposed 1880s survey error.”
Mr Foord is fuming over his “stolen land” because the Fraser Coast council has since told him it can’t process his development application to build 16 apartments and eight commercial units because it is not “properly made”.
“The proposal includes land, a section of road, that is not owned by the applicant,” the council says.
“It would be unlawful for the council to process an application made by one person for land owned by someone else.”
Mr Foord, who is working on his petition to parliament with his project consultant, former Bond Corporation drilling manager Raymond Rampling, said he had legally owned the land, including the “stolen” 9.4 metres, for 11 years before the registrar acted.
“And he put in his application to the council some four or so years prior to the surreptitious boundary changes to the road reserve,” Mr Rampling said.
“So how can the council stop the approval process so far down the track?
“According to the 1994 Land Titles Act the Registrar of Land Titles is empowered to make “corrections” to the register. However he is only empowered to make corrections to errors and these corrections must not “prejudice the rights of a holder of an interest in the register”.
“We believe we have a very strong case to take to the parliament,” Mr Rampling said.
In a September 24, 2009, letter to Mr Foord, the registrar of titles Max Locke said he had investigated the matter and “these investigations confirm the correction to the historical compiled survey plan RP3870 was correctly made”.
Mr Locke also turned down Mr Foord’s request for an inquiry into the land grab.
Mr Foord said he had spent almost $300,000 in trying to get his project going.
“It has destroyed me emotionally. But I’m not going to give up because I know I am right in this.”