Court to decide on ‘hatchet’ lot

THE proponent of a proposed six-lot community title subdivision on land at James St on the Toowoomba escarpment has taken Toowoomba Regional Council to the Planning and Environment Court over its assessment of the project.

Michael Theuerkauf, through town planners Precinct Urban Planning, lodged a “code assessable” development application to reconfigure the lot at 1 James St in March.

But Toowoomba Regional

Council responded to the DA on March 19 with an action notice.

“It is understood that the development application has been lodged in good faith, based on your interpretation that the proposed development triggers code assessment,” council planning officer Krys den Hertog wrote.

“However, it is council’s view that the proposed development triggers impact assessment.”

Other planning documents relating to the application show the council believes Mr

Theuerkauf’s proposal amounts to the creation of a hatchet lot in a low-density residential area, something that requires impact assessment and which the planning scheme does not support.

Last week, Mr Theuerkauf’s lawyer Andrew Davis lodged an application with the Planning and Environment Court in Brisbane seeking a declaration the development application did not propose to create a “hatchet lot” and for it to require code assessment.

The council is yet to file a response in court.

matthew.newton@thechronicle.com.au