Garbutt Developments Pty Ltd takes Townsville City Council decision to planning court

A Gold Coast developer is taking Townsville City Council to court after council refused to extend an approval for residential development first proposed in the early 2000s

Block of land near the Townsville Airport, Garbutt. Picture: Evan Morgan

A GOLD Coast developer is taking Townsville City Council to court after it refused to extend an approval for residential development first proposed in the early 2000s.

Acting Mayor Les Walker said the company needed to submit a new development application because the proposal came at a time when the council was “still approving video shops”.

Garbutt Developments Pty Ltd, based on the Gold Coast, has lodged an appeal with the Planning and Environment Court because the council refused to grant an extension of time on an approval for a residential development on 78-94 John Melton Black Drive.

According to court documents seen by the Townsville Bulletin, the company had proposed to build a residential development complete with a car hire store, a motel with a restaurant and a childcare centre.

The development would have been nestled between Townsville Airport, existing Garbutt homes and Cleveland Youth Detention Centre.

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Garbutt Developments, according to court documents, is the owner of the land and was granted approval in April 2006. The company applied for an extension on time of the approval in 2010, then again in 2013, 2014 and 2015.

The council notified the company on July 24 this year that its development approval would not be extended because it was no longer consistent with current laws and policies and that under new rules the development would need to be referred to the Department of Defence and Townsville Airport.

The council also argued the community’s awareness of the development was no longer considered acceptable because 15 years had passed since residents had been given a say.

Cr Walker said since the original approval, the council’s planning scheme had been overhauled twice and still nothing had happened.

“This proposal was approved back when the council was still approving video shops, so more than enough time has passed,” he said.

“There have been significant changes in the city over that time, as well as changed planning requirements, which would now trigger third-party referrals to Defence and Townsville Airport.

“It’s appropriate the applicants lodge a fresh development application to make sure their proposal meets community expectations and the up-to-date planning scheme.”

Cr Walker said the council encouraged developers to “get on with projects” for the betterment of the economy and to spur jobs growth.

Garbutt Developments has in turn argued that community awareness of the project was at “acceptable levels” and that the proposed development was not likely to generate any further public submission.

The court case comes after developer Graeme Juniper last week blasted the council for refusing an extension to an approval for a 24-lot housing development at Magnetic Island’s Radical Bay.

Mayor Jenny Hill ­queried Mr Juniper’s commitment to development after failing to upgrade the Radical Bay Rd and doing nothing with his freehold site for 17 years.

Originally published as Garbutt Developments Pty Ltd takes Townsville City Council decision to planning court