Developer tells residents: Case doomed to fail

Back and forth over appeal continues

LAWYERS for property developer Barry Bernoth say the case put forward by a group of Middle Ridge residents against his development is “embarrassing” and “doomed to fail”.

The Large Street Trust, representing a group of Middle Ridge residents, has lodged an appeal against a Toowoomba Regional Council approval of a 51-unit retirement facility and a 43-unit townhouse development in Middle Ridge, next to the heritage-listed Gabbinbar Homestead property.

Toowoomba developer Barry Bernoth and retirement village operator Oak Tree Group are the two proponents of the development.

Documents lodged earlier with the Planning and Environment Court show the trust is appealing against the development, seeking a declaration the council’s approval is “invalid, and of no legal effect”.

Responding to the Large Street Trust’s statement of facts filed earlier this year, lawyers for Mr Bernoth claimed the trust’s own arguments meant “it was open to the assessment manager to conclude that the proposed development complies with the code”.

“The consequence of that compliance, as you will no doubt remember, is that the assessment manager was required to approve the development application.”

Mr Bernoth’s solicitors said it followed that the trust’s case, “as it is presently cast, is doomed to fail”.

“Accordingly, because the pleadings, which represent your client’s second opportunity at articulating its case, are embarrassing and fail to fundamentally understand the task undertaken by the assessment manager, our client invites you to withdraw its proceedings.”

The court ordered that on or before February 26, the parties are to take part in a without prejudice conference.

The matter will return to court on March 5.