Legal bid on servo in eatery street

A CONTROVERSIAL proposal to build a service station next to Townsville’s premier dining street could yet be revived as developers attempt to overturn council’s decision in court.

Brisbane developer JSFNQ1 Pty Ltd has lodged an appeal in the Planning and Environment Court after Townsville City Council struck down the company’s proposal to build a service station and food and drink outlet at 2 Mcilwraith St, South Townsville.

The disused spot, once occupied by NQ Dry Tropics offices, is next to popular restaurant Jam Corner.

The proposed development would have included a service station with eight bowsers, a convenience store and room for two fast food outlets.

JSFNQ1 Pty Ltd had also proposed outdoor seating on to Dean St. The proposal received backlash from restaurateurs in Palmer St, including the owners of Jam Corner and Grill’d Health burgers franchisee Paul Fitzgerald.

“I am all for development within the city; however, this proposal to put a petrol station at the entry point of Townsville’s dining street is ludicrous and 100 per cent not complementary to the overall aesthetics of the street and the area’s future development,” Mr Fitzgerald said in his submission.

“The effect on our outdoor dining area is obvious. It will decrease the usability of approximately 170 seats at our restaurant.”

Ron and Carol Wheatley, who own the property leased by Jam Corner, said they “couldn’t think of anything worse” than smelling fumes while dining at a restaurant.

“I couldn’t think of anything worse than our restaurant and people looking at Ross River and then a petrol station, smelling petrol fumes,” they said.

“This would devalue our property and potentially ruin our tenant’s business as a high-end restaurant on the river.”

The proposal was first lodged in September last year but on July 4 the council ruled the development application could not go ahead, partly because it did not represent a “realistic expectation” to the community and was not consistent with designated zoning.

JSFNQ1 Pty Ltd will argue that the service station would be able to meet all environmental standards on odour and air quality and that it was “separated from the entertainment, dining uses and residential uses” in Palmer St.

The company will also argue, according to court documents seen by the Townsville Bulletin, that the development would encourage higher density living close to the CBD and help maintain a level of amenity “consistent with inner urban and near centre lifestyle”.

In total, JSFNQ1 outlined overarching points of defence their development. 13 for