Council defends stalling decision
TOWNSVILLE City Council has resolved to defend a “deemed refusal” for an extension to a development approval for a contentious project in Garbutt.
But it has also delegated authority to its CEO to settle a legal appeal by the project’s proponents, Garbutt Developments Pty Ltd, in the event a mutually acceptable settlement emerges.
A deemed refusal occurs when the council does not reach a decision within a certain time.
The long- running issue was considered at the council’s or- dinary meeting this week where ward councillor Ann-Maree Greaney welcomed the council’s stance.
“I think your residents will be very happy that council has taken a stand on this,” Mayor Cr Jenny Hill told Cr Greaney and the meeting. “It’s time we draw a line in the sand on some of these issues.”
Earlier this year, the Bulletin reported on an application to rezone part of the development site, at 78- 94 John Melton Black Drive, from open space to low density residential.
A Department of Defence spokeswoman confirmed it had raised concern primarily regarding the impact of aircraft noise on the site, given its proximity to the RAAF base and civilian airport.
The department also confirmed the site was within the boundaries of a current Defence environmental investigation into the presence of potentially toxic firefighting foam chemicals.
But Defence said the investigation had not identified exposure concerns at this site.
According to the council, an application to amend the City Plan to rezone the land had not yet been determined. It said that a development application for uses at the site including 135 units, motel and restaurant was originally approved by the council in April 2006. A preliminary approval was also granted for a child- care centre.
The council has granted several extensions to the development approval since then but said it has made no decision on a request for an extension of time made in 2015 or a request for a rezoning lodged in 2016.
According to the council, the appeal against the “deemed refusal” was filed in the Planning and Environment Court in December last year. The appellant was seeking an order for an extension of the development approval until November 2019.