Developers take council to court after four-year wait

DEVELOPERS of a master planned estate in Glenvale who have waited almost four years for TRC to decide its development application have taken action in court.

FILE PHOTO: The Eustondale master planned estate is yet to be approved.

THE DEVELOPERS of a master planned estate in Glenvale who have waited almost four years for Toowoomba Regional Council to decide their development application have taken matters into their own hands.

Teedale Pty Ltd and Douglas Property Group Pty Ltd have lodged an appeal in the Planning and Environment Court in order to have the development application decided.

The companies were seeking a Section 242 preliminary approval to vary the effect of the planning scheme and establish a master planned community and an initial 56 lots at 87-145 Euston Rd, Glenvale, and lodged an impact assessable application in October 2016.

Now they are appealing against a "deemed refusal" of the development application, and are wanting the court to approve it.

In the notice of appeal filed this week, Andrew Davis Planning Lawyers said the council gave the developers an information request on November 24, 2016, which was responded to on June 12, 2017.

Public notification took place between July and August 2017, the last referral agency response was given on December 19, 2017, and the decision stage for the application started on August 18, 2017, and ended on or about February 21, 2018, court documents said.

Andrew Davis Planning Lawyers have also made an application for various orders about the conduct of the proceeding.

A directions hearing will take place in Brisbane on October 7.

In a statement to The Chronicle, Toowoomba Regional Council planning and development chair Cr Megan O'Hara Sullivan acknowledged the developer had "exercised its right to lodge an appeal concerning the application".

"Unfortunately, council must now participate in the subsequent legal process," she said.

"Council is disappointed that the developer has decided to proceed down a legal path when the parties had been working closely to resolve issues to ensure a quality outcome for both the developer and the wider Toowoomba community.

"Council has been working with the developer to resolve outstanding land use issues relating to requirements in council's planning scheme and the Planning Act 2016.

"Council has not issued a 'conditional approval' on this development due to a specific request by the applicant who indicated its willingness to resolve issues raised by planning staff".

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