$88k development bill for TV station lands council in court
A NOTABLE developer has launched legal action against the Toowoomba Regional Council after it refused to waive charges relating to the subdivision of land containing a legacy television station and tower.
Applicant Barry O'Sullivan, acting as Embar Property Pty Ltd, lodged an appeal last month in the planning and environment court to contest the council issuing an $88,000 infrastructure charges bill.
The costs are attached to an approval Mr O’Sullivan received to split a 1.5-hectare block of land on Video Avenue in Mount Lofty into two parcels.
The eastern portion features the WIN Toowoomba television station and administration building as well as a house, which will not be affected by the application.
After approving the reconfiguration, the council handed Mr O’Sullivan an infrastructure charges bill based on “the demand placed upon the transport, water supply and sewerage networks for nonresidential development … of a per metre squared of gross floor area approach”.
As a result, the 1692 sqm of gross floor area at $52 per square metre created the charge.
In his statement of claim to court, Mr O’Sullivan argued the council had not factored in infrastructure credits created by previous developments on the site.
“The respondent has failed, in generating the infrastructure charges notice, to account for the credit applicable for the previous use of the land,” the appeal said.
“In that regard, the appellant is entitled to a credit for
the previous use of the land for the office and storage areas that have been approved and developed on the subject land which would exceed the demand credit levied for the development application.”
The appeal has asked for the notice to be reissued and for the council to pay for Mr O’Sullivan’s legal costs.
The council’s solicitors, Evans Planning Law, submitted an entry of appearance on May 16 but has yet to respond to the appeal.
This is the third court case involving the council this year.