Court decision confirms state-wide infrastructure charging regime

Toowoomba Regional Council (TRC) has welcomed the High Court’s decision on Friday 16 April 2021 on the refusal to grant leave to Wagners to appeal the decision of the Court of Appeal to the High Court, in relation to Council’s levying of infrastructure charges for a number of developments.

The High Court also awarded costs of the legal proceeding to Council.

TRC Chief Executive Officer Brian Pidgeon said this had brought an end to a lengthy legal appeals process.

“The refusal to grant leave means that the Court of Appeal’s decision delivered on 7 September 2020 will stand,” he said.

“This decision doesn’t just impact our local government, but supports the position adopted by all local governments within Queensland.

“The Court of Appeal’s decision ensures that developers will be responsible for payment of infrastructure charges relevant to their developments. If that were not the case then the obligation to fund infrastructure would fall to the community, and Council would ultimately need to fund these works from its rates base.

“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.

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

“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.

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

“Toowoomba Regional Council will continue to work with the developer to bring jobs and economic growth to the Toowoomba Region.”