Developer appeals council decision to reject its application for 129 houses at Warner

Developer Ausbuild has appealed a decision by Moreton Bay Council, calling it “contrary to the law”.

Residents outside the council chamber after Ausbuild's Warner Rd development application was rejected. Picture: David Alexander

DEVELOPER Ausbuild has appealed to the Planning and Environment Court after its plan to establish high density housing on koala habitat was rejected.

Last month, Moreton Bay councillors took the unexpected decision to reject Ausbuild’s application for a 129-lot development on Warner Rd.

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The site was mostly zoned for light industry.

Ausbuild filed its appeal in March 23 seeking conditional approval for the development as well as associated legal costs from the council.

“The (council’s) decision to refuse the development application was wrong and unreasonable, and contrary to the law,” Ausbuild stated in its notice to appeal.

It argued that the council had encouraged development on the site and planned to change it to a Next Generation Neighbourhood precinct in the planning scheme.

It also stated that council officers had recommended the development be approved, subject to conditions.

Ausbuild’s Warner Road Development proposed footprint.

All 11 councillors present at the February 18 council meeting voted to reject the application over a number of “impacts” to the planning scheme, including traffic, town planning, flora and fauna and visual amenity.

“The proposed development … is of a scale and nature which is not intended on the subject land, but which is intended and provided for in … other parts of the local government area,” the council determined.

There were also 176 public submissions against the development, and none in favour of it.

Warner resident Christine West, who lobbied against the development, said many in the community feared that this was just the start of Ausbuild's plans for the area.

“Ausbuild, as we all know, has bigger plans that it has not lodged yet but were included in their initial application,” Ms West said.

“Ausbuild seems to be submitting its development in smaller stages.”

Cr Mick Gillam, at the February 18 meeting, suggested the matter would most likely end up in the planning court.

He said there was a chance that the outcome from the courts might be worse for those residents who were against the application, than had the council approved the application.

At that same meeting, Cr Adam Hain said approval of the site would set a precedent for the whole area to become next generation, saying that type of high density development should only be established nearer to transport hubs.