Toowoomba business owner says council ‘harassed’ and photographed him; multiple legal battles cost $40k

A business owner who was followed and photographed by Toowoomba Regional Council staff trying to catch him using his home-based office illegally says the four-year “harassment” by the TRC has cost him $40,000 in legal fees and taken a great emotional toll.

Pictures submitted in court from the Toowoomba Regional Council, which shows them photographing Grant Forde's place of business and his parent's house. The photo appears to be taken from under a park bench.

Grant Forde, who runs Integrated Building Certification out of 37 Godsall St in East Toowoomba, won his second legal battle against the Toowoomba Regional Council earlier this month.

The decision is 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.

The Chronicle has seen photographs and officer notes, submitted as part of court proceedings, which show the TRC followed him and his staff members.

Mr Forde said the actions amounted to harassment, adding that the council had not found any evidence that he was using his home unlawfully.

Andrew Bullen and Grant Forde.

“They waited outside my mum and dad’s place from 6am to see if I would drive out of their driveway, to try and show I lived there,” he said.

“At Godsall St, they’ve got photos which show the bottom of the park table (across the road).

“They’ve gone onto my staff member’s (social media) and downloaded photos of her and shown me the photos.

“It’s taken a great toll. It’s been four years of harassment.”

Council officers inspected Mr Forde’s property on three occasions between 2016 and 2018, which found no unlawful use at the site.

After a fourth inspection attempt in February 2019, when Mr Forde said they couldn’t inspect the property because he was heading out, he was hit with a show cause notice in March that would later become an enforcement notice sent to the planning and environment court.

Pictures submitted in court by the Toowoomba Regional Council, which shows officers photographing Grant Forde's parent's house and his car out the front of it.

He was also sent an infringement notice of more than $6000 under a separate act.

After Mr Forde appealed the enforcement notice in court and won the subsequent ruling in December last year, the council dismissed the fine in January in what he believed was the end of the matter.

But the TRC sent him a summons to the Magistrates Court in January under the Planning Act, which Mr Forde contested.

The matter essentially ended when the council’s lawyers Corrs Chambers Westgarth sent a letter saying they were not submitting any evidence for the October trial, just a few days before the council might have been required to pay for Mr Forde’s legal costs.

The business owner said he was considering his legal options following the ordeal.

“I’m a small business trying to employ people in Toowoomba, and they were trying to stop me from employing people,” Mr Forde said.

“Council’s decision to prosecute me was malicious, vexatious and raises serious concerns about misconduct, particular given that the very department that was attempting to prosecute me is also a commercial competitor of mine.

“I am currently in discussions with my legal advisers regarding the council’s conduct.”

Precinct Urban Planning’s Andrew Bullen, who acted as Mr Forde’s town planner throughout the process, was highly critical of the council’s behaviour.

“Over the last three to four years the council’s planning department has pursued what can only be described in my view as a program of unrelenting harassment and malicious prosecution against my client,” he said.

“It is clear now in my view that this was only to put my client to unnecessary stress and expense, only for the council to withdraw from the process at the last minute, offer no evidence, and not contest the case.

“In what way is the public interest served by employing the resources of the council and ratepayers money in this way?”

In response to the questions around its conduct, planning and development portfolio leader Cr Bill Cahill said the TRC followed appropriate procedures.

“In its role as a local authority, Toowoomba Regional Council has an obligation to look into and respond to concerns raised by residents regarding alleged unlawful use of premises,” he said.

“In this instance, the council responded to complaints from the community by carrying out an investigation into the alleged unlawful use of the premises.

“The matter was pursued through the appropriate steps.

“Council takes matters relating to the alleged unlawful use of sites very seriously and will continue to investigate development compliance matters across the region as or when they arise, to preserve the interests of the community.

“Our staff strive to work collaboratively with applicants to resolve all issues.”