By ALENA HIGGINS
AN APPEAL has been lodged against Southern Downs Regional Council (SDRC) after it refused the development of a medium-density housing complex on Rowland Street, Warwick in September.
Opponents of the development application, nearby Yangan Road residents Barbara and Brian Bokenham, received a letter from the appellant’s solicitors, Mortimore and Associates, late last month advising them that its client CH Property Holdings Pty Ltd has filed a Notice of Appeal in the Planning and Environment Court.
The Bokenhams were one of four parties to lodge submissions against the development, which also included a petition with 88 signatories.
Councillors unanimously rejected the application for 39 units at 11 Rowland Street during their general meeting on 24 September, citing a number of reasons for their decision.
Ms Bokenham said she hoped SDRC would fight hard against the developer.
She conceded some form of development could be expected on the site, but the number of dwellings would need to be “considerably less” for residents to be satisfied with the result.
In refusing the application, the council argued that the application failed to comply with the provisions of the former Warwick Shire Planning Scheme.
The developer successfully applied to the Planning and Environment Court to have the application assessed under the former planning scheme.
The council argued it had refused similar developments in Warwick due to concerns regarding the density of development, amenity and institutional appearance and has changed the Planning Scheme accordingly.
The developer contests, among other grounds for appeal, that the council’s planning officer recommended approval, subject to conditions.
Councillors discussed the appeal in-camera at the October general meeting and a council spokeswoman advised no details surrounding the matter could be released.
The appellant is seeking that the appeal be allowed, that the application be approved, any other orders the court deems appropriate, and costs.
It is unknown when the matter will go before the court.
