Court dismisses application to declare subdivision is ‘not a hatchet lot’

THE Planning and Environment Court has decided on an application from a developer to declare his six-lot community title escarpment subdivision was not a “hatchet lot”.

THE Planning and Environment Court has dismissed an application from a developer to declare his six-lot community title subdivision on land at James St was not a “hatchet lot”.

Michael Theuerkauf lodged a code assessable development application to reconfigure his 1 James St lot into six in March this year, but Toowoomba Regional Council responded, saying it was the council’s view the subdivision triggered impact assessment.

Following the council’s issuing of an action notice, Mr Theuerkauf lodged a new impact assessable development application.

The council then issued Mr Theuerkauf on May 7 with an information request, stating the land’s zoning “does not support the further development of existing hatchet lots apart from development for a single dwelling house, and does not support the creation of additional hatchet lots”.

In June, Mr Theuerkauf’s lawyer Andrew Davis lodged an application with the Planning and Environment Court seeking a declaration the development application did not propose to create a “hatchet lot” and for it to require code assessment.

After going to trial last week and hearing submissions from Mr Theuerkauf’s representative and Toowoomba Regional Council, Planning and Environment Court Judge Morzone dismissed the application.

He ordered that parties bear their own costs.