Residents lose bid to stop mansion

8:01a.m. 24th May 2006

The Planning and Environment Court has ruled that the Riverview Avenue mansion will remain.

By KATHY SUNDSTROM A DETERMINED group of Buderim neighbours have lost their battle to have Queensland's most expensive home knocked down.

Judge Skoein of the Planning and Environment Court dismissed the three residents of Riverview Avenue's application to have the mansion demolished.

Residents Lloyd Laity, Jorg Hermann and Elizabeth Cox contributed to the substantial legal costs - estimated at around $60,000 - to take the American-born home owner, Ron Miller, developer Kate Dillon and Maroochy Council to court over the $25million "monstrosity" that destroyed the peace of their neighbourhood and their views.

A gutted Mr Laity's only comment yesterday was that he was "disappointed".

He refused to say if he and the other residents were considering further action.

Judge Skoein dismissed the application on all counts and found he did not think "the developers intended to flout the law".

He also didnt consider the loss of the neighbours' views to be significant.

"The effect of the views on the other applicants is minor when taking into account what could have been built," he said.

"The overall effect of the building and landscaping once completed is one on which minds are likely to differ, some people being likely to admire the finished proposal."

He also refused to give the neighbours some relief in the demolition of the controversial western wall, which had been found to be out of line.

"The cost of remedying the encroachment of the western wall would be very great and out of proportion to the nuisance it would create," he said.

The judgment came as a welcome relief to Ms Dillon.

"It is a relief, but it is just sad to think how much money has been wasted in this court action. It would have cost the rate and taxpayer significant amounts."

Although Ms Dillon has won one court action, she is still fighting a legal battle - to get paid.

Mr Miller owes Ms Dillon a substantial amount of cash for the building of his home - which is believed to house a nuclear bunker.

"We are still involved in mediation," Ms Dillon said yesterday.

Building on the home which is the size of 14 two bedroom apartments stopped last year while Ms Dillon waited for payment.

She refused to comment further on the costs dispute yesterday.