Toowoomba council to vote on TLPI around vegetation clearing as concerns raised by developers

Unlawful vegetation clearing in areas of “ecological significance” could lead to fines for developers and landowners, as part of a move by council that has been slammed as “rushed”.

New restrictions around vegetation clearing across the region could be endorsed by the Toowoomba council before Christmas, in a “rushed” planning move that has caused concern for both developers and environmental activists.

The councillors will vote at Tuesday’s meeting on whether to endorse a new temporary local planning instrument (TLPI) relating to development within “areas of ecological significance”.

The move comes after deputy mayor Rebecca Vonhoff’s motion to start work on a TLPI back in September around vegetation clearing to offer protections for natural habitats threatened by “serious adverse environmental loss”.

Deputy mayor Rebecca Vonhoff during an ordinary meeting of council, Tuesday, May 28, 2024. Picture: Kevin Farmer

Under the draft TLPI, which would be in place until a new planning scheme is developed by as early as 2026, applications that involved the “destruction or removal of vegetation” in ecologically-significant areas would be subject to higher levels of assessment.

This is guided by council’s mapping of the same name, which activists, developers, council insiders and industry professionals have described as “outdated” and already superseded by state mapping.

A councillor also confirmed the planning department had not been charged with writing the TLPI and had very little knowledge of it being created.

The definition of what constitutes “vegetation clearing” in the draft was also highlighted by stakeholders, with the document proposing it included “cutting down, lopping, excessively pruning, removing, pushing over, poisoning, ringbarking or scar barking; or destroying in any way, but including by burning, poisoning, contaminating, compacting, draining, filling or flooding”.

Insiders have also questioned whether the TLPI, which would empower council to enforce the overlay through compliance and even potentially issue fines, might also capture landowners not engaging in property development.

Shots of mapping for the Toowoomba Regional Council's mapping for areas of ecological significance, which is the basis for a new temporary local planning instrument.

The draft TLPI is also retroactive to September 17, meaning developers and property owners that have cleared land over the past six weeks could also be subject to compliance.

Toowoomba president of the Urban Developers Institute of Australia Rob Weymouth said the sector was not consulted in the development of the TLPI, which he called another level of “red tape”.

“I don’t know why they’re trying to do that — it just doesn’t make sense, it just slows down everything and sends a bad message to the industry,” he said.

UDIA president Rob Weymouth. Picture: Nev Madsen.

Darling Downs Environmental Council Coordinator Ahri Tallon. Picture: Christine Schindler

“We’re not against biodiversity at all — we try and plant more trees, we want to see more environment enhanced by development (but) we just want to do it in a way that is planned.

“This is going to create more uncertainty, and slow things down in the middle of a housing crisis.

“We want the best outcome for the community and we need to balance housing supply — this doesn’t do it and it’s poorly-thought out.”

While he endorsed it as a step in the right direction, Darling Downs Environment Council representative Ahri Tallon said the draft TLPI didn’t address perceived loopholes in the planning scheme and also failed to protect mature and significant trees located outside the mapping areas.

“There are numerous beautiful cherished trees on public and private property that don’t fall into the overlay codes, and they wouldn’t necessarily be protected because they’re not part of the zoning,” he said.

“We’re enthused the council is trying in this space, but the mapping is outdated, there are a range of loopholes in the code that we need to resolve to achieve this mechanism to protect our natural areas.”

Mr Tallon said the DDEC was also not consulted for feedback.

An industry source said the use of the council’s old mapping was confusing, since it could’ve followed the lead of local governments like Ipswich by taking the state mapping and refining it locally to identify key elements like biosecurity corridors.