Unit owner takes council to court over development permit

THE owner of a set of units in the Garden City has taken Toowoomba Regional Council to court after the development permit lapsed.

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THE owner of a set of units at Taragon St in Glenvale has taken Toowoomba Regional Council to court after the development permit lapsed. 

According to documents filed with the court by planning lawyers QuDA, the unit development was approved by the council on March 9, 2015, for a period of four years. 

While the development has been built, it was not finished by March 9, 2019, court documents said. 

"On November 27, 2019 the applicant's builder made a request to seal a plan of survey to subdivide the development into community title lots," the documents said.

"On December 5, 2019 the respondent advised the applicant's builder that the development permit had lapsed."

Landowner Martin Klusacek is seeking an order under the Planning and Environment Court Act 2016 that the currency period of the development permit be extended from March 9, 2019, to April 30, 2020.

In the alternative, Mr Klusacek is seeking an order under the Planning and Environment Court Act "that the time for the making of a request to the respondent to extend the currency period of the development permit, be extended from March 9, 2019, to April 30, 2020".

Originally published as Unit owner takes council to court over development permit