When builder Wayne Dwyer built a tennis court on the rooftop of his multi-million dollar home in the exclusive Sunshine Coast suburb of Mooloolaba, he never imagined he would be required to fight in court to keep it.
“It’s just social tennis. The noise complaints are coming from people across the river over there and they’re several hundred metres away,” Mr Dwyer told A Current Affair’s Chris Allen.
Houses around this Sunshine Coast suburb range from $5 to $8 million dollars in value, and while the locals are used to seeing ostentatious property developments, some made the exception that the grass would not be greener for any of the community when so high up.
“They were concerned about the noise of the tennis balls, the grunts from players and the grunts from spectators. I let them know it’s not going to be Wimbledon up here,” Mr Dwyer said.
During those initial days, Mr Dwyer claims he made plans to invite all interested neighbours over for a leisurely game once the project was complete, saying he even handed out flyers notifying them with the development plans. Mr Dwyer now says such bridges are burned.
“[I’m] very surprised, they’re the ones that are going to miss out,” he said.
An enforcement notice made by the Sunshine Coast Council for Mr Dwyer to stop development on the recreational space project was still not enough to stop him from turning his vision into reality. The council will be taking Mr Dwyer to Court on the grounds he did not cease work during this period.
The main issue for Council – and saving grace for Mr Dwyer’s skeptical neighbours – is that the tennis court fence is above the regulation building height of 8.5 metres.
However, Mr Dwyer has prepared to backhand this argument, designing the court’s enclosure to fold down to nothing – with the same going for the net.
“The council have a lot of homework to do on this one. They are behind the eight ball and I think they have come to a gunfight with a knife,” he said.
“I think it’s extremely unlikely that a court will rule a person can’t go to a certain place on their own property.”
In a statement, the council said it had investigated the matter and would be taking appropriate actions.
© Nine Digital Pty Ltd 2019