Court decision clarifies state-wide infrastructure charging regime

This week’s Court of Appeal decision presented a number of wins for the State Government’s infrastructure charging regime and for all local governments throughout Queensland, according to Toowoomba Regional Council (TRC) Chief Executive Officer Brian Pidgeon.

In terms of the Court of Appeal decision delivered on 7 September, 2020, Mr Pidgeon said TRC considered that it had several successes including: • Acceptance of Council’s approach to levying infrastructure charges for reconfiguring a lot; • Acceptance of Council’s approach to the levying of infrastructure charges for Specialised Uses; • Acceptance of Council’s approach to the levying of infrastructure charges for traffic.

“Council was unsuccessful in relation to its approach to the levying of infrastructure charges for stormwater due to some mapping requirements around Council’s Local Government Infrastructure Plan (LGIP),” Mr Pidgeon said.

“Council is considering an interim amendment to the LGIP to remedy the issues identified by the Court of Appeal.

“Infrastructure charges are levied consistently across the Charlton Wellcamp area. The Charlton Wellcamp area is levied charges at a reduced rate (50% less) on stormwater charges compared with the rest of the urban industrial area in the Toowoomba Region.

“Council is planning for the ongoing development of the wider Toowoomba Trade Gateway. It is anticipated that this area alone will provide thousands of new employment opportunities in coming years.

“Council endeavours to adopt a positive, fair and equitable relationship with the Wagners group, as it does with all developers.”

Council supportive of ongoing development, employment growth

Mr Pidgeon said TRC supported all developers in bringing jobs and economic growth to the region.

“Council continues to work with the State Government and industry in this endeavour,” Mr Pidgeon said.

“Council has always worked with Wagners and the State Government to facilitate development at the Wellcamp airport land.

“This dates back to Council’s efforts and partnership with the Wagners to achieve the initial airport approvals and many supporting developments since that time.”

Most recently and notably, Council worked with Wagners and the State Government to facilitate numerous developments in the Wellcamp area in extraordinary timeframes including: • The Fibre Composite facility, which was approved by Council within one business day of being decision ready; • The Milk Factory facility, which was approved by Council within two business day of being decision ready; • The Trade Distribution Centre, which was approved by Council within eight business day of being decision ready; • The Qantas Flight School, which was approved by Council within 14 business day of being decision ready. Council also deferred $433,769.94 of infrastructure charges for the Qantas facility; and • The Variation Request to allow Specialised Uses to be code assessable, which was approved by Council within one business day of being decision ready.

“It’s disappointing to hear Mr Wagner’s comments given, apart from the ongoing infrastructure litigation between Council and Wagners, the parties have always worked together to achieve positive outcomes and drive employment growth for our region,” Mr Pidgeon said.

“It is unfortunate that Council had no choice but to engage in the legal dispute, originally initiated by the Wagners, in order to protect the interests of the wider community.

“It’s important to remember if developers don’t pay infrastructure charges, then the obligation to fund infrastructure falls to the community and Council ultimately will need to fund these works from its rates base.

“Accordingly, Council had no option but to participate in the Court action.”