Dispute over East Toowoomba subdivision heading to trial

A DISPUTE over whether or not a proposed subdivision on land at James St on the Toowoomba escarpment constitutes a “hatchet lot” has been listed for trial.

A satellite overview of the site of the proposed subdivision.

A DISPUTE over whether or not a proposed six-lot community title subdivision on land at James St on the Toowoomba escarpment constitutes a "hatchet lot" has been listed for trial.

Michael Theuerkauf lodged a code assessable development application to reconfigure his 1 James St lot in March this year, but Toowoomba Regional Council responded, saying it was the council's view the subdivision triggered impact assessment.

Following the council's issuing of an action notice, Mr Theuerkauf lodged a new impact assessable development application.

The council then issued Mr Theuerkauf on May 7 with an Information Request, stating the land's zoning "does not support the further development of existing hatchet lots apart from development for a single dwelling house, and does not support the creation of additional hatchet lots".

In June, Mr Theuerkauf's lawyer Andrew Davis lodged an application with the Planning and Environment Court seeking a declaration the development application did not propose to create a "hatchet lot" and for it to require code assessment.

The application lodged with the P & E court asserts that "none of the lots proposed in the development application has a strip of land known as an access strip or an access easement across another lot connecting the main body of the lot to the street; and therefore, the development application requires code assessment".

"The applicant seeks declarations about whether the development application is for a hatchet lot and the level of assessment of the development application," the documents said.

The matter has been listed for trial, with a hearing to be held on October 2.