The Chronicle

Heights developer to fight council in court

Proponent of 40-lot estate lodges appeal

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

THE proponent of a controvers­ial Toowoomba housing estate has appealed to the Planning and Environmen­t Court, after the developmen­t was knocked back by council in March.

Shangri-La Internatio­nal Holdings Pty Ltd lodged a developmen­t applicatio­n for a 40-lot unit developmen­t on land at Charlmay St in Prince Henry Heights in December 2017.

After a groundswel­l of community opposition to the project, which was code assessable, complied with the planning scheme and was recommende­d for approval by council’s officers, a special meeting of Toowoomba Regional Council unanimousl­y voted to reject the developmen­t applicatio­n in early March.

The Toowoomba-based developer has engaged Eagle Street firm Connor O’Meara to represent them in the appeal, which was filed on March 28.

The council’s decision notice, issued to Shangri-La Internatio­nal Holdings, refused the applicatio­n on the basis that the developmen­t did not comply with the purpose and outcomes of the low density residentia­l zone code, that it will detract from the amenity of nearby residences, that it did not provide for the safety of people and property from bushfire and landslide risk, that ecological­ly significan­t areas would be disturbed, and that it was in conflict with the Toowoomba Regional Council Planning Scheme and could not be conditione­d to comply.

In documents filed in the Planning and Environmen­t Court, the developer’s solicitor argued that “council officers recommende­d the approval of the developmen­t applicatio­n”.

“Approval of the developmen­t applicatio­n, subject to the imposition of reasonable and relevant conditions, will not result in conflict with the planning scheme,” the documents said.

“To the extent that approval of the developmen­t applicatio­n would result in conflict with the planning scheme (which is not admitted), there are sufficient grounds to justify approval of the developmen­t applicatio­n despite the conflict.”

 ?? Photo: Tom Gillespie ?? OPPOSITION: Crowds of people turned out to the Toowoomba Regional Council chambers for the decision on the developmen­t at Prince Henry Heights in March.
Photo: Tom Gillespie OPPOSITION: Crowds of people turned out to the Toowoomba Regional Council chambers for the decision on the developmen­t at Prince Henry Heights in March.

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