Widgee developer takes council to court
THE developer of a 62-lot subdivision at Widgee has taken Gympie Regional Council to court over what it says are "unreasonable" conditions imposed on the project.
Allen-co Holdings was given the go-ahead for the subdivision on Gympie Woolooga Rd in February, when more than 40 conditions were imposed on the development.
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Allen-co has challenged them in two separate appeals in the Planning and Environment Court.
Infrastructure charges were the first target.
In its appeal, Allen-co's solicitor argued the amount charged was either a miscalculation or "so unreasonable that no reasonable relevant local government could have imposed that amount".
The council charged more than $960,000, split across five stages of construction, with more than $400,000 quoted for stages four and five.
Allen-co approached the council about amending these after the approval was granted, but was turned down.
In the second motion, Allen-co has challenged conditions on power lines, lights and an environmental covenant.
The conditions require: all lots to have underground power and phone lines; that street lighting must be installed at all intersections, cul-de-sacs and traffic calming devices in line with Australian standards; and the creation of a covenant along Little Widgee Creek to protect vegetation within 50m of it.
Allen-co's solicitor said all three of these were impositions "not reasonably required".
They said the power and telecommunication requirement as given threatened the entire project.
"The additional cost in providing all electricity and telecommunication services underground is significant and may impact on whether the development proceeds," they said.
The appeal argued this condition should be amended so those services could be delivered above ground.
It also asked for the lighting requirements to be reduced.