Why Toowoomba housing estate developer is taking on council

THE development manager behind one of Toowoomba’s largest proposed housing estates has slammed the council for forcing it into a prolonged legal battle.

NOT HAPPY: Fernleigh development manager Geoff Kath has taken aim at the Toowoomba Regional Council's planning department, after the massive proposed Westbrook housing estate was hacked into an "unworkable" model. Fernleigh land is off to the right in the photo.

THE development manager behind one of Toowoomba’s largest proposed housing estates has slammed the council for forcing it into a prolonged legal battle.

Fernleigh Westbrook, which was conceived as a 1500-lot masterplanned community to expand the burgeoning community outside of Toowoomba, could be delayed for years after it appealed a TRC decision in the planning and environment court.

The appeal related to the council’s decision at an August special meeting to approve a heavily-reduced plan for the site, which was developed by the TRC’s planning department.

Development manager Geoff Kath said on top of developing the “crude and unworkable” new plan, the council imposed infrastructure requirements which he said did not make sense.

“They are requiring significant infrastructure investment, well ahead of where it is needed, or that is not needed at all, such as parklands to be constructed well before requirement, and a water pipeline that is not necessary at this time,” he said.

“(The new plan) has outcomes that are inconsistent with council’s own strategic planning, (including) the embellishment of the current stormwater drainage, which is urgently required for ourselves and also downstream users.

“There are reports that are required before we can start, that have to be accepted by council where we’ve already provided the information – it’s doubling up.”

Listening from the public gallery are (from left) Geoff Kath, Ian Knox and Tim Colthup during a special meeting in August of Toowoomba Regional Council to decide the future of the 1500-lot Fernleigh housing estate project at Westbrook.

Mr Kath said the cutback plan also reduced the amount of commercial space allocated for the town centre, so much so it essentially prevented the construction of a full-sized Coles or Woolworths supermarket.

“They have constrained the early stages of the town centre so badly, that we’re unable to deliver any retail amenity to Westbrook at all.

“It’s too small to support a supermarket and a range of specialties.”

Fernleigh was first proposed back in 2016, and the land was added to the urban footprint by the Queensland Government into its Southeast Queensland Regional Plan the following year.

Mr Kath said while he and the development team appreciated the work of the elected councillors, the project had been stalled and frustrated by officers within the planning and development group.

“We have the support of the councillors, and we appreciate that,” he said.

“The outcomes from the decision were clear that there was an intention to obstruct us moving forward.

“This is a clear signal that even if the councillors wanted this to proceed, there was resistance within certain levels of the planning department.

“We’re up for yet another appeal, which is going to be a cost not only to ourselves but to the ratepayers of the Toowoomba region, who will be footing the bill for council.”

Cr Chris Tait during a special meeting in August of Toowoomba Regional Council to decide the future of the 1500-lot Fernleigh housing estate project at Westbrook.

COUNCIL SAYS DECISION PART OF ‘WALKING FINE LINE’

RESPONDING to the criticisms from Mr Kath, planning and development chair Cr Chris Tait said the council needed to balance the needs of ratepayers with the desires of developers.

“The council walks a fine line where it must balance the wider interests of all ratepayers and our community as a whole, while supporting the development industry, and ensuring the sustainable growth and management of the region,” he said.

“It is important to note that this development was proposed on rural-zoned land outside of the area which has been prioritised by the council for the provision of trunk infrastructure. “Accordingly, some responsibility for the cost of provision of some infrastructure must legally rest with the developer rather than ratepayers.

“The application was assessed and determined in accordance with our statutory responsibilities set out by the State Government and our planning scheme.

“The council regularly meets with developers and consistently works to negotiate a range of matters, should there be reasonable grounds to do so.”

Cr Tait said the legal action was instigated by the developer.

“Most appeals lodged with the planning and environment court are resolved without going to hearing,” he said.

“Where a mutually acceptable outcome cannot be negotiated, then a matter may proceed to a full hearing.

“The council has expressed its willingness to engage in without prejudice discussions with the developer, with a view to seeking resolution of the appeal.”