The Planning and Environment Court has dismissed an appeal by the Palmwoods
Residents and Ratepayers Association against the Orange County residential
development.
Thc rezoning proposal for the ultimate development of 327 Residential A
allotments on 42.6 hectares on the south-western outskirts of Palmwoods,
was approved by Maroochy Shire Council last year.
An appeal was mounted by the PRRA which protested against the subdivision
both before and after the council decision.
The court's decision has vindicated the stand by local councillor Geoff
Littler who said it would have been dishonest to take the easy way out
and reject the Orange County proposal, which had attracted 104 objections.
In his judgement handed down last Friday, March 27, Judge Skoien said that
it was understandable that many local people may wish to maintain Palmwoods
in its present small, attractive state.
"The views put forward by the various local witnesses who gave evidence
in this appeal were undoubtedly sincere but such views really failed to
take into account the provisions of the Strategic plan in relation to the
site." he said.
Referring to the PRRA's submission to the draft Strategic Plan, Judge Skoien
said it was noteworthy that "when the draft Strategic Plan was on its lengthy
public display it drew from the appellant a favourable comment notwithstanding
that it depicted the entire site in the urban designation."
"In particular the fact that the Strategic Plan designations arc obviously
cadastrally based was unanimously praised," he said.
"Given the obvious interest in matters of town planning exhibited by the
appellant and its members who gave evidence before me and the clear inclusion
of all of the site in the Urban designation, it is difficult to accept
that they were not well aware that during the next decade the site would
probably be developed for residential uses," he said.
In an 11 page "Reasons for Judgement" Judge Skoien said that he did not
see questions of amenity as a serious argument against the proposal to
re-zone.
He also said that Palmwoods had the advantage of being a railway town with
remarkably quick rail access to the large areas of employment such as Brisbane
and Caboolture and was proximate to employment area such as Maroochydore.
"In my view it is entirely proper for a council to seek to direct population
growth to areas such as Palmwoods," he said.
"It can do that particularly by permitting a residential rezoning of an
area specifically designated as suitable for residential development by
a strategic plan."
He said the residential development of the site would be part of a logical
southern extension of the Palmwoods urban area. It would have ready access
to the state school and water and sewerage lines could be extended to the
site.
"It is quite unthinkable that all of the site could be developed in one
stage," Judge Skoien said.
"The capital outlay would be immense and sales would be slow."
He continued:
"What is proposed and what is contemplated by the Strategic Plan (residential
development over the next 10 years) are virtually identical.
"The probabilities are also high that at some point in the development
Orange County will appreciate that the provision of such support facilities
as child care centres, local shops and the like will add the desirability
of the residential subdivision. I am unable to see that this proposed rezoning
is premature."
Cr Geoff Littler has welcomed the decision, as a victory for commonsense.
He said many of Judge Skoien's remarks were identical to points he had
raised in an open letter to the Palmwoods District News in September last
year.
"The township area is defined by the Urban designation of the Strategic
Plan and Orange County is within the township area,.' he said. "If the
residents did not want this area in the township boundaries, submissions
would have been lodged for the review of the draft Strategic Plan. This
was not the case."
Cr Littler said that as early as May 1992 he had moved for a Development
Control Plan for Palmwoods as he was concerned at ad hoc development in
the area.
"At that time Town Planning Chairman Gerry Gordon said that while he sympathised,
he did not want to see a proliferation of DCPs and I lost the motion,"
Cr Littler said.
"The draft Strategic Plan was approved by the PRRA knowing that Orange
County was within that designation. I had to support Orange County on that
basis and while not the most popular thing to do, it was the honest thing
to do. My decision has now been supported by the court."
Cr Littler said he now aimed to see that Orange County would he the best
subdivision Palmwoods has ever seen.
Introduction - Palmwoods District News
Contents - April 1997