Toowoomba Anglican School, council taken to Planning and Environment Court by residents over approval of extension

Residents living near one of Toowoomba’s most prestigious private schools has taken it and the council to court over a planned campus expansion.

Toowoomba Anglican School. Photo Kevin Farmer / The Chronicle

One of Toowoomba’s elite private schools has been taken to court by neighbouring residents over an approved extension to its campus, which is alleged was green-lit under a “false premise”.

Toowoomba Anglican School (TAS) was granted approval by the council in November last year for a new two-storey building along Wirra Wirra Street in East Toowoomba.

The proposed facility, which adjoins the nearby tennis courts run by TAS, includes classrooms, change rooms and offices, as well as “tiered seating” for up to 90 tennis spectators.

Toowoomba Anglican School has been approved for its planned two-storey expansion along Wirra Wirra Street in East Toowoomba, called Gill House, which adjoins the neighbouring tennis courts.

Now East Toowoomba residents Anne Snow, Emma Piovesan and Ryan Schrale have appealed the decision in the planning and environment court.

Both the school and the Toowoomba Regional Council are respondents.

In the appeal notice lodged by the appellants’ lawyers McKeown Solicitors last month, the residents argued the development was “not appropriate” due to alleged inconsistencies with several areas of the council’s planning scheme, including neighbourhood character, low-density residential zoning, transport access and parking, environmental standards and integrated water cycle management.

“The proposed development cannot be conditioned to comply with the applicable assessment benchmarks,” the appeal said.

“(It) is not consistent with the existing and planned character and amenity of the locality (and) is not consistent with community expectations, including the reasonable expectations of the appellants who live in the surrounding area.”

Toowoomba Anglican School has been approved for its planned two-storey expansion along Wirra Wirra Street in East Toowoomba, called Gill House, which adjoins the neighbouring tennis courts.

The residents also argued the school’s population had continued to increase since 2016 and this had not been factored into the application.

“The development application and its assessment proceeded on a false premise by failing to take into account a previous material increase in intensity of the existing use of the land and consequential impacts, including traffic impacts,” it said.

“In particular, the student population of the existing educational establishment on the land increased by approximately 66 per cent between 2016 and 2021 and no development approval has been given for a material change of use.”

The residents have requested the court reverse the decision and reject the development.

Both TAS and the council have made appearances in court in regards to the appeal.

TAS and council were approached for comment.