SCENIC Rim Regional Council has approved changes to a Tamborine Mountain development application for a "nature based" tourism project on Long Road.
Cr Derek Swanborough said council had failed to deal with the application in a timely manner and the applicant exercised their right to appeal a "deemed refusal" through the Planning and Environment Court.
"It's disappointing that this mistake has resulted in the developer taking a deemed refusal and that this is not the first time this has happened," he said.
"It's the second time this has occurred, with the first being for the Eagles Retreat development where council also didn't make a decision within the required time and allowing the developer to take a deemed refusal.
"These decisions that have been put up to council really have no meaning because it's already going to court and it's going to be decided by the court, not by council."
The proposed project included tourist cabins, onsens bath house, massage room and beauty room, with 22 carparks and a manager's residence.
The site is in a residential area and council has received 320 properly made submissions from members of the public, with the vast majority objecting to the project.
Of the 484 responses from the community, only 35 were letters of support.
"This one is just unbelievable really," he said.
"To approve, in a residential zone, commercial use to this scale and intensity is just irresponsible.
"It's unbelievable that the council planners could assess it this way, in my view."
The report presented to councillors stated it was not unusual for the nays to outweigh the ayes during public consultation:
"Tourism offerings on Tamborine Mountain are historically met with a level opposition from submitters when publicly notified. Generally, developments of this nature do not attract letters of support; however, in the case of the proposed development 8.37 per cent of submissions received were from locals and nearby city dwellers excited and supportive of the material presented to council."
Councillors discussed imposing strict conditions regarding issues of concern including noise and light pollution, hours of operation, koala habitat, water usage and fire mitigation.
After lengthy discussion on these conditions, Cr Duncan McInnes said he felt they had taken submitters' concerns into account and was happy with the decision to approve.
Crs Michael Enright and Virginia West agreed.
Mayor Greg Christensen also spoke in favour, saying the matter was complex but good engineering resources had been directed at issues of concern
Cr Christensen said further development applications would be required around things like plumbing should the courts rule in the developer's favour.
Cr Derek Swanborough stressed that concerns of residents on Tamborine Mountains should be acknowledged.
"We're dealing with an issue that has major consequences for Tamborine Mountain ... and even for the reputation of council when we have so many submitters opposed to a commercial or retail development in a residential zone," he said.
Cr Jeff McConnell also spoke against the decision, saying while he supported the business idea he did not believe it was in the right location.
"I think the impact on residents is unreasonable, having up to 80 car movements a day to and from a business within a residential area," he said.
The approval passed with only Crs McConnell and Swanborough voting against.
