Condition from TRC ‘unlawful’

Issue over Avenues of Highfields

THE developers of the massive Avenues of Highfields housing estate have alleged a condition imposed by the Toowoomba Regional Council is unlawful.

Project manager Stephen Bowers and town planner Andrew Bullen distributed legal advice to the councillors just before the special meeting began yesterday.

Mr Bowers wanted to change a condition of the previous approval in March, relating to the timing of securing a sewer connection to the entire estate.

Mr Bullen told councillors that the condition from the council, which required the applicant to secure tenure before lodging applications to start operational works, was not lawful.

“(I asked legal advice) ‘Is that lawful for council to continue to impose a condition that precludes an applicant from making an application?’ and the legal advice is that no you can’t,” he said.

“Council are within their rights to say that you won’t approve works or let us start works before we’ve got tenure, but you can’t say we cannot apply.”

The proposed sewerage infrastructure runs through developer Clive Berghofer’s land, who was approved last month for the sewer easement as part of his own subdivision.

But Mr Berghofer and his company Jeteld Pty Ltd has not responded to the approval to confirm they are happy with the conditions.

TRC senior planner Nikki Morrison asserted in her report to council that Mr Bowers needed tenure secured before he could lodge.

Mr Bowers said he had $1.8 million in bonds with the council and Mr Berghofer, putting pressure on him to move ahead with the project and lodge operational works.

The council deferred a decision on the matter until next Wednesday to go over the new legal advice received.