The Chronicle

Knock back leads to court

Councillor­s ignore their own advice

- Matthew Newton Matthew.Newton@thechronic­le.com.au

AN EAST Toowoomba resident has taken the Toowoomba Regional Council to court after it went against advice from its planning department and knocked back an applicatio­n for a subdivisio­n.

Homeowner Carolen Collins wanted to subdivide her 12 Burns St block into two, effectivel­y cutting it in half, with plans to build another home on the Bruce Street frontage at the rear.

She intended demolishin­g the garage at the rear of the block to make way for the new home.

The street is included in the council’s neighbourh­ood character overlay area, and records show the existing house was built in 1910.

A council planning officer’s report, which was included in the minutes of the September 27 special meeting where the applicatio­n was refused, said: “The proposed developmen­t is considered to achieve compliance with the applicable assessment benchmarks. On this basis,

the proposed developmen­t is recommende­d for approval subject to the conditions in the recommenda­tion.”

However, the council unanimousl­y voted against the applicatio­n, arguing in the meeting there wasn’t adequate parking spaces in

the street and any changes to the front of the house would be “sinful”.

Mrs Collins received a decision notice refusing her applicatio­n on October 4, on the grounds that the applicatio­n did not comply with aspects of the

neighbourh­ood character overlay code, or the reconfigur­ing a lot code.

Lawyers for Mrs Collins are seeking that the appeal be allowed, the subdivisio­n approved and that the council pay all costs relating to the proceeding­s.

The council’s planning and developmen­t committee chair Cr Chris Tait said the appeal was lodged in the Planning and Environmen­t Court on Monday and that the council was waiting to be served with the notice of appeal.

 ?? PHOTO: CONTRIBUTE­D ?? LEGAL ACTION: The owner of this home in Burns Street has appealed to the Planning and Environmen­t Court after her applicatio­n to subdivide the property was rejected by the council.
PHOTO: CONTRIBUTE­D LEGAL ACTION: The owner of this home in Burns Street has appealed to the Planning and Environmen­t Court after her applicatio­n to subdivide the property was rejected by the council.

Newspapers in English

Newspapers from Australia