Wagner’s ’frustration’ over multimillion-dollar dispute

WAGNER Corporation director Denis Wagner has lashed Toowoomba Regional Council for being unwilling to help drive the development of new industry in the region.

Denis Wagner (front) at Wellcamp Airport in 2016.

WAGNER Corporation director Denis Wagner has lashed Toowoomba Regional Council for being unwilling to help drive the development of new industry in the region.

Mr Wagner's comments come off the back of yesterday's judgement in the Court of Appeal over a more than three-year dispute between Wagners and the council over tens of millions of dollars of infrastructure charges for the Wellcamp Airport and Business Park.

The Court of Appeal upheld a previous decision made by the Planning and Environment Court that infrastructure charges for stormwater for the Wellcamp Airport and Business Park were unlawful and were to be set aside.

The court also ruled to overturn a previous court decision that some of the infrastructure charges imposed for traffic should be based on the additional use generated from the development.

Mr Wagner said in a statement that Wagner Corporation was reviewing the court decision to consider what action to take.

>> RELATED STORY: Court decides multi-million dollar Wagners and council dispute

"One of the biggest frustrations with the Toowoomba Regional Council is their lack of willingness to help drive new industry in this region," he said.

"There has been a significant cost to both us and the ratepayers to run this action and what the council has achieved is a much worse result for the people it represents.

"We have asked for many years that the charging regimen that is applied to the Wellcamp Business Park be consistent with charges applied to other industrial developments within the Charlton Wellcamp area.

"After analysis of charges applied to competing developments, it is apparent the council does not apply the rules consistently for all developers."

In June last year, Toowoomba Regional Council revealed it had already spent $1.15 million fighting the dispute.

The council yesterday said it was reviewing the judgement and was again contacted for comment today.

Mr Wagner said the decision to uphold the previous ruling on stormwater infrastructure charges was really one of common sense.

Stormwater from the Wellcamp development does not flow through even one council pipe, however the council and its officers held the view that charges of millions of dollars should apply, he said.

The Court of Appeal found the "statutory precondition" for an infrastructure charges notice, that a charge could only be levied "for additional demand placed upon trunk infrastructure that will be generated by the development" was not met by the council.

With regards to traffic infrastructure charges, Wagners' statement said: "the previous court ruling was that charges for specialised use development should be returned back to the council for further assessment".

"Following the decision by the Court of Appeal, the council can charge as per the Infrastructure Charges Notice without the need to review the actual impact of the development on the traffic infrastructure".

Mr Wagner said that under the previous court ruling, Wagners were required to pay their fair share of the cost of the traffic infrastructure that was impacted by their development.

"We have never suggested we should not pay the appropriate amount however, we do have concerns that the council can pick an arbitrary figure and does not have to apply a charge that reflects the true cost of the infrastructure," he said.

"Freight from the region that is exported to Asia via the airport, goes out on planes, not on council's road network, therefore creating much less demand on council roads.

"Other than the roads we have constructed totally at our cost within the development, the nearest sealed council road to the development is over five kilometres away."

The Court of Appeal also ruled that the previous decision by the Planning and Environment Court that an increase in demand on infrastructure does not apply merely by creating a new title but only when the use commences, be overturned.