Toowoomba council taken to planning and environment court by Homecorp Constructions over Cotswold Hills subdivision

In a move most people saw coming, a developer has taken the Toowoomba Regional Council to court after it rejected its plan for a 170-lot subdivision.

The Toowoomba Regional Council will officially have to defend its decision to reject a 170-lot subdivision in court with ratepayer funds, after the developer lodged an appeal.

In a move most people saw coming, Gold Coast developer and builder Homecorp Constructions has applied with the Planning and Environment Court to have the councillors’ December vote on the Essence Estate project at Cotswold Hills overturned.

The 9-2 decision to reject the council officers’ recommendation was based on the proposal’s “non compliance to the planning scheme”, specifically with the land sizes of 47 proposed lots, the frontages of 36 lots and inconsistencies with the TRC’s flood mapping and vegetation buffers legislation.

The Toowoomba Regional Council has rejected Homecorp Construction's proposal for more than 170 lots at Cotswold Hills, making up the balance of Essence Estate.

It came on the back of a massive backlash from residents, with hundreds either submitting to council or signing petitions urging the project’s refusal.

In its appeal, the developer argued the proposal “complies or can be conditioned to comply” with the council’s planning scheme on all fronts.

Ron Bakir, CEO, Homecorp during a portrait shoot, Surfers Paradise, Gold Coast. Photo: Regi Varghese

“The land is subject to the TLPI (temporary local planning instrument) which has the purpose of facilitating appropriately serviced land within the emerging community zone,” the document said.

“The proposed development is consistent with the community’s reasonable expectations for development on the land in the emerging communities zone.”

It comes three weeks after Homecorp chief executive Ron Bakir vowed to fight for its approval, calling the original vote “pathetic”.

“It’s pretty disgraceful in my view,” he told News Corp on January 3.

“We talk about housing shortages and adding value to people’s lives, and the council completely disregarded that approach.

“We’ll definitely be appealing it and the council should be thinking about how to develop more housing rather than trying to get votes.”

The first four stages of Essence Estate were approved by the planning and environment court in 2015, after it had also been rejected by a previous council following the same backlash from residents.

Legal action had been flagged by dissenting councillors at the December special meeting, particularly by Kerry Shine who vociferously argued for its approval.

“What we’re being asked to give effect to is very similar on an issue that’s already been determined by the court,” he said.

“It would be an exercise of a triumph of hope over experience to think that the court on this occasion will arrive at a different decision.”