Livingstone stands by its decision to approve Mildura Rise Estate

Two Central Qld residents have dropped a court bid to try to stop a neighbouring 400-lot housing estate being developed in a rural residential area in the face of huge legal costs.

The updated development site plan for Mildura Rise Estate near Rockhampton.

Livingstone Shire Council is standing by its decision to approve the 400-lot Mildura Rise development just north of Rockhampton following a court of appeal action by two neighbouring Rockyview residents that has since been withdawn.
LSC CEO Terry Dodds said council had conducted a thorough and lawful assessment of the Mildura Rise development in line with the Planning Act 2016, engaging an independent planning consultant to ensure transparency.

“The application specifically sought a variation to the Livingstone Planning Scheme to rezone the land from Rural to Low-Density Residential—the very change that forms the basis of the appeal,” Mr Dodds said in a statement.

“The development aligns with the strategic framework, addressing the region’s housing demand and allowing for efficient infrastructure servicing.

“Council clarifies that the land is not productive agricultural land and is already designated for future rural residential development, and that community submissions have led to key changes, including larger lot sizes in transition areas and enhanced parkland.”

He said council was aware of the appeal lodged by the two Rockyview residents but noted that they had filed a notice of discontinuance before mediation could take place.

“Council remains confident in its decision, which was made following a robust and independent assessment (all reports remain publicly available from the 19 November 2024 meeting),” he said.

The residents, Brett Madigan and Leigh Gould, had appealed to the Planning and Environment Court at Maroochydore in December against the November decision by Livingstone Shire Council to approve Procon Development’s Mildura Rise estate on 127ha of land.

In their list of arguments why the development should be refused was that it was in direct conflict with planning protections applied to adjoining freehold lands (such as those in Rockyview) zoned rural residential Parkland Precinct under the Livingstone planning scheme.

There were a number of well-attended protest meetings held prior to the council approval where surrounding estate residents voiced their concern with Mildura Rise going ahead with smaller lots opposed to the larger 4000 sqm blocks allowed by the planning scheme.

However last week on social media Mr Gould said they had decided to withdraw their appeal saying they “simply do not have the $100,000 to fight this” even though they still believed council had made the wrong decision.

He said they had been advised by the developer’s solicitor that they would be held accountable for court costs related to expert witnesses.

This map shows the location of the newly approved Mildura Rise Estate surrounded by Glendale, Rockyview and Glenlee suburbs. The blackline is the Bruce Highway.

The development application attracted 130 properly made submissions and of these 72 objected to it and 56 supported it (it was unclear of the nature of two).

The two residents, in their discontinued appeal, said the development did not seek outcomes which best align with the strategic framework and development intent provided for within the LSC planning scheme, 2018.

They claimed the development incorporates design elements which demonstrate little or no regard for the historic pattern of development in the surrounding area and the characteristics of the built and natural environments in the surrounding area.

A locality plan for the proposed 400-lot Mildura Rise Estate beside Rockyview.

Among other claims they argued that Livingstone Shire relied upon incorrect information when deciding the application particularly information relating to community and economic needs assessment, serviceability of the land with urban water sewage and road infrastructure.

In its November decision, Livingstone Shire Council cited the overriding community need to provide more housing as a result of rapid population growth as one of the key reasons behind support for the 400-lot housing estate on rural zoned land.

Livingstone Shire Council approved the change of use from rural to low density residential by Procon Development for Mildura Rise Estate after the bid received conditional approval at council’s Development Committee meeting.

A report at that committee meeting said Livingstone did not have enough land readily available for development and as a result the new housing market was under supplied, resulting in rising house prices and escalating rents.

The report said the region, as of 2021, needed 330 new dwellings per annum including about 60 lots per annum in the Glenlee-Rockyview corridor which had exceeded protected growth rates.

The Rockhampton Ring Road would assist traffic congestion arising from the expansion of new estates on the northern corridor. Map supplied by Department of transport and Main Roads

The report stated that Mildura Rise Estate would provide a mix of housing that supported diversity in the market, “supporting the lifestyle aspirations and living arrangements of households, including families within the middle stages of the lifecycle seeking an affordable lifestyle within commuting distance of employment, education, service and recreational facilities.

“(It) would introduce much needed choice in lot sizes, lifestyles and affordability, contribute to confidence in the ongoing release of lots and to relative affordability of living within Livingstone Shire.”

Committee co-chair Cr Pat Eastwood supported the change to residential lots despite the submissions opposing the application.

“It’s a well thought out application,” he said at the time.

“It’s going to help open up our northern corridor.

”We have copped a bit of flak about some of the lot sizes but I love the way they have kept the fringe blocks nice and big so the other adjoining blocks are not going to be overwhelmed by having too many small blocks adjoining their properties.

”It’s not going to please everybody, but it totally makes sense and the developer today assured us he is ready to move.“

Cr Lance Warcon also backed the change pointing out the land was not productive for agriculture purposes.

“We’re in a bit of a housing crisis at the moment and the application is going to help alleviate the issue,” he said.

“Rockhampton’s northern growth corridor at Parkhurst is expected to grow by 10,000 residents in 20 years so having this development change to low density residential will fit the characteristics of the area.”

A mix of residential lot types were included with larger parcels (between 2,000m2 – 4,000m2) interfacing with the adjoining residential land to the north, east and west.

Lots within the centre of the site range between 1,000m2 and 2,999m2).

The development includes a series of bio-retention to manage stormwater throughout the estate.

Rockhampton Regional Council has agreed to service the water supply and sewer needs of Mildura Rise estate, but there is a recycled sewerage option still on the table.

Originally published as Livingstone stands by its decision to approve Mildura Rise Estate