Council to defend Nathan development refusal in court

Brisbane City Council will be forced to defend its decision in court after stopping a controversial large-scale development from going ahead on the southside.

The Fairlawn St site. (AAP/Renae Droop)

BRISBANE City Council will be forced to defend its decision in court after stopping a controversial large-scale development from going ahead on the southside.

In February, council unanimously voted to refuse the 750-dwelling project at 53 Fairlawn St, Nathan.

Residents strongly opposed the project which would see the site rezoned from industrial to residential so that apartments, townhouses and a retirement precinct with heights of up to four-storeys could be built.

53 Fairlawn St, Nathan development.

Last week a Notice of Appeal was lodge with the Planning and Environment Court by Thomson Geer Lawyers on behalf of the land owners Southway Services No 2 Pty Ltd.

No date has been set for the matter to be heard.

Nathan Action Group spokesman Blake Buchanan and Annamarie Newton (on right) pose for a photograph in Fairlawn Street with Nathan residents. (AAP Image/Renae Droop)

A Brisbane City Council spokesman said people had the “legal right to appeal any development decision” made by council.

“Council will defend its decision,” the spokesman said.

Council had several concerns about the project including it being inconsistent with the character of the local area and the site being prone to flooding.

Nathan residents won’t stop fighting the proposed development. Photo: Kristy Muir

Residents also noted the density, traffic management and parking as their main issues.

The appeal document states the decision to refuse the development application was “erroneous, unreasonable and unlawful”.

It also notes the ways how the project complies with or can be conditioned to comply with the City Plan.

Nathan residents have shown a united front. Photo: Kristy Muir

Opposition councillor Steve Griffiths (Moorooka ward) said: “The appeal process is where the rubber hits the road and council will be tested to see if they remain firm on their position of refusal of this massive over development in Nathan”

“Sadly, it has been my experience that the appeal process is often the time that council backs down on its decision. This will remain to be seen.”