Appeal lodged against Oak Tree Group’s Middle Ridge development more than six months after approval

It has been more than six months since Toowoomba Regional Council approved a two-stage retirement and residential development next to a historic homestead in Middle Ridge. Now a group of concerned residents have lodged an appeal.

A group of concerned residents have lodged an appeal against a retirement home and townhouse development, more than six months on from when Toowoomba Regional Council approved the project.

Barry Bernoth and Oak Tree Group received approval from the TRC in March for a 51-unit retirement facility and a 43-unit townhouse development in Middle Ridge.

The development is slated for land next to the historic Gabbinbar Homestead, which is owned by Mr Bernoth.

Access to the development will be through Large St – which is the source of opposition to the development.

TJT Bloodstock Pty Ltd – acting for the Large Street Trust – lodged an appeal against TRC’s approval of the development yesterday.

The trust is, according to correspondence lodged with the council earlier this year, “a group of concerned residents”.

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

Plans for the Oak Tree Group and Barry Bernoth's retirement and residential development in Middle Ridge.

The trust is seeking an order that the decision notice be set aside and the development application remitted to the council “to reconsider according to law”.

The appeal argues that Oak Tree Group and Mr Bernoth’s application does not comply with the Transport, Access and Park Code in that Large St is a cul-de-sac, which provides access for up to 12 dwellings, and not a “local access street”, which could provide access for up to 175 dwellings.

In support of its application, the trust is also arguing the development will “increase the safety risk and potential for crashes” at the Large St / Rowbotham St intersection due to increased traffic volumes, sight distance and lack of appropriate turning facilities.

Mr Bernoth’s son Mitchell previously told The Chronicle Large St was the only viable option for access to and from the development.

“When the adjoining land was developed to the north, provision was made for pedestrian and emergency vehicle access between our land and Brimblecombe Dr, however, no new road connection was considered necessary,” he said.

The matter will be heard on December 12.