Wait on estate appeal

Developer behind controversial estate could take council to court

RESIDENTS celebrating the council’s defeat of a controversial gated community in Prince Henry Heights might not be able to crack open the champagne bottles yet.

Kingsthorpe-based developer Shangri-La International Holdings Pty Ltd will most likely decide next week whether to appeal the unanimous decision from the Toowoomba Regional Council to reject 40 units on the side of the escarpment.

Because the development was code-assessable and had a recommendation from the TRC’s planning officer, the matter could potentially be settled in the Planning and Environment Court.

Keith Canning, who represented the 70 submitters against the proposal, said it would be disappointing to see the resounding result overturned in a courtroom.

“I think we just have to wait and see, but I would hope that sanity would prevail,” he said.

“It would be disappointing (if it was approved).

“I’d suspect the residents won’t change their opinions.”

The eight councillors present at the meeting on Wednesday all voted to reject the project, citing serious concerns about the risk of fire, traffic congestion, water and other factors.

Despite this, the housing estate was found to comply with the council’s own planning scheme.

Property Projects Australia’s James Juhasz, who represented the applicant in the council meeting, didn’t comment on the result but confirmed he had not yet received the written decision from the TRC.

Shangri-La International Holdings were also approached for comments, but declined.