Crows Nest servo fight goes to court
THE company behind a controversial service station development rejected by the Toowoomba Regional Council in February has appealed the decision in the Planning and Environment Court.
Marakech Pty Ltd, which lists its director as Toowoomba’s Lodbroc Roy Winten, lodged the appeal through planning lawyer Andrew Davis last week.
Marakech had wanted to build in stages a service station and car wash on the corner of Albert St and the New England Hwy at Crows Nest.
The development application was impact assessable and attracted 30 submissions during the public comment period.
Toowoomba Regional Council planning officer Krys den Hertog recommended the development be approved, subject to 171 conditions.
But at the special council meeting on February 12, councillors voted to refuse the application on several grounds, among them that the service station would “increase off-site flood impacts at nearby road and private land”, “the proposed development does not maintain ecosystem function on the site’s waterway and wetland” and that it “proposes urban development on flood constrained land which is unsuitable for development at the proposed scale and intensity and in the proposed form”.
Marakech Pty Ltd “takes issue with each of the reasons for refusal given”, according to documents filed with the court, and claims “the reasons for refusal ought to be the issues in dispute in this proceeding”.
Marakech Pty Ltd is seeking that its appeal be allowed, the application approved subject to lawful conditions, and costs.