Heights developer to fight council in court
Proponent of 40-lot estate lodges appeal
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.”