Condition changed on highway subdivision
A DEVELOPER wanting to subdivide a section of road on the Warrego Highway has successfully appealed an “unreasonable” condition imposed by the Toowoomba Regional Council.
Applicant SW O’Brien Holdings submitted to the council in June seeking a change of a requirement to build a new sewerage line from eight new industrial blocks along the highway at Charlton.
According to planner Alpha Planning Applications, the condition was impossible to achieve because it meant running it through a neighbouring block owned by someone else.
“Condition 34, as reproduced above, requires sewer connection works for the approved development to the existing manhole on the western footpath of Steger Rd to the north of the subject site,” the application said.
“This would require sewer extension/construction works through the adjoining lot to the north of the subject site – which is under separate ownership to the approved development site.
“As the works technically required by the subject condition would require the owner’s consent of the adjoining property owner, this results in the ability of the applicant to be able to comply with the condition being potentially compromised.”
The applicant instead produced an alternative sewerage plan, connecting the new subdivision to the council’s existing sewerage reticulation system.
It also requested a change to the infrastructure charges by applying an existing “credit” to the approval.
Planning officer Rodney O’Brien approved the change last week.