A CONCRETE company has begun legal action against the proposed Toolooa mosque, fearing the consequences of more children on a road dominated by heavy vehicles.
Quarry and concrete company Barro Group owns Gladstone Premix Concrete and it has lodged an appeal against Gladstone council's approval of the mosque in Brisbane Planning and Environment Court, claiming the approval is in breach of local planning laws.
The Islamic Society of Gladstone proposed to build the mosque at 4 Anson Close, Toolooa; next door to Barro Group's concrete factory.
In court documents, Barro Group, a Victorian company, states the mosque's approval was "in direct conflict" with the council's planning scheme, incompatible with the land's low-impact industrial zoning and with a nearby residential area.
"The council's development approval is invalid and of no effect and the court has no jurisdiction to approve with development application as the (Islamic Society of Gladstone) has not complied with ... provisions of the Sustainable Planning Act 2009," Barro Group's appeal states.
"The proposed use ... is incompatible with the low impact industrial zoning of the land; and is incompatible with the Toolooa Priority Development Area (residential) west of the land."
The document states the mosque's development application has failed to consider the impact it will have on traffic flows or the increase of children on a road that was dominated by heavy vehicles.
"The development application fails to properly assess the impact of the non-industrial land use to the adjoining industrial land uses in the locality."
Barro Group is seeking the court refuse the mosque's approval and for the council and Islamic Society to pay costs.
Neither Gladstone council nor Islamic Society of Gladstone responded to a request for comment on Thursday
Neither has lodged a response to Barro Group's notice to appeal.
Barb Smith, treasurer of the community group Gladstone Region Safe Communities, said she was "really pleased" to hear a business was proceeding with the appeal. "We are just going to support them." - NewsRegional