Spats, controversies and court battles: The biggest and most explosive council stories of 2020
In one of the most tumultuous years in recent history, it’s not surprise the Toowoomba Regional Council found itself at the centre of disagreements, controversial decisions and major court battles.
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The Toowoomba Regional Council has faced one of its most tumultuous and unpredictable years since its inception more than a decade ago.
From trying to run elections during a pandemic to facing a potential economic downturn and the never-ending process of court battles, 2020 was a goldmine for controversy that covered all bases.
The Chronicle covered virtually every council meeting and followed every major event or announcement involving the TRC.
Here are 14 of the best and most memorable stories from a rollercoaster year, with links to the full articles in the headlines.
FEBRUARY 1: RATEPAYERS COVERED MAYOR’S INSURANCE EXPENSES
Easily one of the most explosive moments of the year that has been all but forgotten about at this point, Chronicle journalist Matthew Newtown uncovered how ratepayers actually paid for expenses created by Mayor Paul Antonio’s misconduct hearings in 2018
A council vote the previous November ensured that Cr Antonio would not have to personally pay for insurance excesses created by legal expenses to do with the hearings, which related to conflicts of interest he was found to have held with the Inland Rail project.
Cr Antonio was fined $15,000 on three counts.
A proposed amendment by Cr Bill Cahill to ensure any councillor found guilty of misconduct would have to pay back any expenses was defeated without debate.
APRIL 23: VONHOFF EARNS MOST VOTES, BUT NOT DEPUTY MAYORSHIP
In what was a first for the TRC in its admittedly short history, the councillor who earned the most votes was not chosen as the deputy mayor.
Following a turbulent and challenging March election campaign that had to be completed during the first wave of COVID-19, former journalist and editor Rebecca Vonhoff earned the highest vote count in her first tilt at politics.
While there was no law requiring this, the person with the most votes is typically voted in as the deputy mayor by their colleagues.
But at the inaugural meeting in April, veteran Cr Geoff McDonald also nominated and narrowly won the tussle in a 6-5 vote.
MAY 13: COUNCIL CONFIRMS IT UNDERPAID SUPER TO STAFF
The Toowoomba Regional Council confirmed in May it underpaid certain types of superannuation to employees over several years.
CEO Brian Pidgeon confirmed the “variance” of super payments, after The Chronicle was informed of the issue by an anonymous source.
Mr Pidgeon said the TRC became aware nearly two years ago of the problem, which related to superannuation on allowances earned.
MAY 30: FERNLEIGH DEVELOPER BLAMES TRC
A consistent theme of 2020 was the development industry’s consistent criticisms and attacks on the council’s planning department, which it had accused of being difficult and obstinate.
This was kicked off by veteran developer Ian Knox’s decision to mothball his planned 1500-lot Fernleigh estate at Westbrook.
In a letter to Mayor Paul Antonio in May, Mr Knox said that since the Fernleigh team had met with him and senior council staff on April 7 to discuss a 500-lot proposal, he had heard nothing.
It came off the back of a council decision in August last year to approve a cutback version of the original plan.
JUNE 16: SPECIAL $50M COVID-19 PACKAGE IN COUNCIL BUDGET
With the pressure of COVID-19 weighing down on the new council, its next budget would be critical for the future success of the region.
Councillors in June adopted a $567 million financial plan, which included a $50 million stimulus program.
The scheme included 64 shovel-ready projects that would be carried out by local suppliers.
To this date, nearly 20 per cent of the jobs have been either started or had funding committed.
AUGUST 14: COUNCIL OPENS $67 MILLION CHARLTON DEPOT
A project nearly two years in the making, the new principal depot on Nass Rd at Charlton was officially opened in August.
The site, which would house a large chunk of the council’s workforce and include the Toowoomba State Emergency Service headquarters, cost $67 million to complete.
The TRC funded the majority of the project with support from the State Government.
SEPTEMBER 7: WAGNERS, COUNCIL DISPUTE ENDS
After more than three years, the legal saga between Toowoomba company Wagners and the TRC finally ended in September this year.
The dispute, which related to millions of dollars in levied infrastructure charges at Wellcamp Airport and Wellcamp Business Park, reached the Court of Appeal this year after the Supreme Court ruled in favour of Wagners over the matter.
While the court upheld the original decision around the stormwater charges, the council managed to overturn the decision around traffic infrastructure.
Wagner was also told to pay two thirds of the council’s legal costs in a subsequent ruling.
Following the September decision, the council made key changes to its infrastructure mapping, after the original plans made the legal dispute “complicated and difficult”.
SEPTEMBER 16: DHA REJECTED BY COUNCIL
One of Toowoomba’s most controversial and opposed developments in recent memory was finally defeated in September, much to the delight of thousands of residents.
Defence Housing Australia’s plan to turn an old rifle range at Mount Lofty into a housing estate was unanimously rejected by the councillors in a special meeting, following years of uncertainty.
The development was first proposed publicly in 2017, with the introduction causing an immediate backlash from residents.
DHA initially submitted an appeal with the planning and environment court, but revealed in senate estimates it had withdrawn it and would continue negotiations with the council.
OCTOBER 14: COUNCIL ABANDONS $98M OAKEY FLOOD PLAN
The Toowoomba Regional Council was presented with an opportunity to permanently protect nearly 200 homes from another once-in-a-generation flood event, and chose to reject it.
The details are of course more complicated than that, with estimates revealing a planned diversion of the Oakey Creek north of the town would cost nearly $100 million.
Councillors voted to knock the plan back and return to the drawing board, despite the diversion channel being determined as the “only feasible option warranting further investigation”.
Residents complained about the state of the creek shortly after the decision, saying it was now a greater flood risk than in 2011.
OCTOBER 15: TWO DEVELOPERS TAKE COUNCIL TO COURT
The council found itself in the court system again in October, after two separate developers applied with the planning and environment court to secure decisions on their applications.
George Weston Foods first lodged a development application seeking preliminary approval to establish a 1100 lot masterplanned Northgate Vista project on land north of Griffiths St in November 2016, and is still waiting on a decision.
It followed Teedale Pty Ltd’s similar application over its Eustondale master planned estate, which had also been under assessment by the council for almost four years.
OCTOBER 20: COUNCIL GM IN TENSE DEVELOPMENT INDUSTRY LUNCHEON
In what was one of the more awkward moments of 2020, TRC planning and development general manager Stewart Somers sat down with a panel of developers at a property luncheon.
What followed was a series of tense debates between Mr Somers and several key figureheads on both the panel and in the audience, including Denis Wagner and town planner Andrew Bullen.
The event was the culmination of months of build-up, as several developers criticised the council’s planning department for what they said were roadblocks and obstruction.
In a separate incident, a group of developers met with the council to discuss land supply issues across Toowoomba, with many arguing there were considerable constraints.
NOVEMBER 5: BUSINESS OWNER SAYS COUNCIL FOLLOWED, HARASSED HIM
In one of the more bizarre court cases the council was involved in this year, business owner Grant Forde said he had been the subject of a harassment campaign by the TRC’s officers.
Mr Forde, who runs Integrated Building Certification out of 37 Godsall St in East Toowoomba, won his second legal battle against the Toowoomba Regional Council in October.
The decision was the latest in a multi-year saga that included council officers photographing his property, tailing him to his parent’s house at Murphy’s Creek and also following and photographing his young staff as they walked between workplaces.
NOVEMBER 14: IRRIGATORS, TRC LOCK HORNS IN COURT
The Toowoomba Regional Council found itself on the wrong end of this Supreme Court legal fight, which started when council officers decided to turn off the taps to the bore.
Hampton Irrigators Pty Ltd established a water-swap agreement with the council more than a decade ago to pump water from a Kleinton bore into Cooby Dam, of which the equivalent amount was then accessed by the farmers from the bulk supply to water avocado trees.
But the TRC turned off the bore late last year, citing concerns over water quality, and wrote to the irrigators to terminate the contract.
The Supreme Court in September ruled the contract was still valid and that the water quality was suitable for drinking, based on evidence by an independent expert.
The parties returned to court in November over the interpretation of two clauses in the original agreement, which led the judge sending them back to the negotiation table.
DECEMBER 10: GOODS SHED COULD HOUSE HOMELESS
One of the more left-field decisions from the Toowoomba Regional Council this year came right at the end — to allow a pop-up shelter to be set up in the $10 million Railway Goods Shed next year.
The Toowoomba Housing and Homelessness Stakeholder Group, which is believed to be a collection of non-government organisations, applied to the TRC to lease the goods shed on Victoria St at no cost for every night in February 2021 to host the Pop-Up Bed Pilot Program.
While it is understood the plan is still in its infancy and might not go ahead at all, the councillors voted to allow the group use of the major CBD venue, which was reopened last year following a major renovation.
The exact date is still not clear at this point, since the council moved an amendment to the original motion.
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