COUNCIL has won a court battle over a development application to convert Victoria Point’s Teak Lane public reserve into a car park to be used by the adjacent shopping centre.
The Planning and Environment Court’s Judge Michael Rackemann said the issue had an unusual history.
The 80 metre wide lot beside the Town Centre Victoria Point Shopping Centre had been dedicated to the state with council as trustee in 2002. It separated the shops from housing with a green belt.
In 2014 council handed trusteeship of the land to the state which led to the Newman government proposing to sell the block. This led to developer Lanrex seeking to buy it so long as it could be turned into a car park.
Judge Rackemann said council had encouraged the developer to buy the lot, even though the latter made it clear that it would do so only on the basis that the land was approved to become a car park.
There was a change of heart at council in April last year within a month of the development application being lodged and subsequent to local government elections which altered voting power blocs.
Council advised the government that it did not want to relinquish trusteeship. Against council officers’ advice, council refused the development application last November.
“The appellant no doubt feels somewhat aggrieved by the council’s change of attitude at a political level and by the rejection of a proposal which it was encouraged to make,” Judge Rackemann said in his 50-page judgement.
Judge Rackemann said the appellants – IVL Group and Lanrex – conceded there was significant conflict between their car park proposal and council’s planning scheme.
The decisive issue was whether there were sufficient grounds to approve the application despite the Redlands planning scheme showing the area as urban habitat corridor.
Judge Rackemann said the proposal conflicted with the planning scheme, would result in the loss of a park and was counter to reasonable expectations about development.
Residents have campaigned over the issue since 2014 and for it to be better maintained and policed due to park anti-social behaviour.
Resident Maria Sealey, whose home adjoins Teak Lane, said she was greatly relieved by the decision.
She was disappointed residents were never consulted over the decision to relinquish trusteeship which was done by mayoral minute.
It was now hoped to organise a Bushcare group to look after the land and to have security cameras installed to address crime prevention.
“We might have to do some fund raising and we hope council will support us in this,” she said.
Cr Lance Hewlett said social problems could have been amplified if the space were turned into parking.
“If no appeal is raised I will be seeking permission to have this land returned to the trusteeship of council in perpetuity and remain always as community open space,” he said.
The shopping centre owners have been contacted for comment.
