Yeppoon service station appeal to be heard in Brisbane court
A proposed Yeppoon service station is at the centre of lengthy legal proceedings as the developers fight to have access from the Rockhampton-Yeppoon Rd, while state and local government planning authorities say it is too unsafe.
Developers Retail Fuel Developments submitted plans to Livingstone Shire Council in 2017 for a 24-hour service station and retail warehouse at Red Lawn Dr, Yeppoon, on the vacant block of land on the corner of Rockhampton-Yeppoon Rd and Tabone St, across from the KFC and BP complex.
The application was also referred to the Department of State Development, Manufacturing, Infrastructure and Planning as the development is on a state-controlled road.
The development was approved by the council in April 2019 with a set of strict conditions.
The main condition was vehicular access to, or from, the proposed development was not allowed from Rockhampton-Yeppoon Rd. All vehicular access is to come from Tabone St.
Developers Retail Fuel Development has contested these conditions and taken the matter to the Planning and Environment Court at Brisbane in June 2019, filing an appeal against Livingstone Shire Council and the State Planning Department.
Retail Fuel Developments is appealing the approval conditions, namely the access.
Court documents from Retail Fuel Developments claim “the absence of direct vehicle access to and from Rockhampton-Yeppoon Rd will significantly impact the viability of the proposed development”.
Retail Fuel Developments also state “direct access to and from Rockhampton-Yeppoon road has been approved for a commercial/retail use approximately 100 metres to east of the land.”
The developers have argued the access conditions are an “unreasonable imposition on the development” and are not “reasonably required”.
The developers have proposed in the court documents to build a solid median on Rockhampton-Yeppoon Rd to physically prevent right turn and right turn out access to and from the arterial road.
They have claimed this median strip would have “no adverse traffic engineering consequence” and “it will not increase traffic to the site, nor will it otherwise result in any significant impacts on traffic flow or on the transport network.”
There have also been minor changes to the building gross floor area and carparking spaces in the court documents.
The State Planning Department has submitted defence court documents and argues the access conditions are “reasonably required or relevant and can be lawfully imposed”.
“The disputed conditions are necessary in order to ensure the safety, function and operational efficiency of the Rockhampton-Yeppoon Rd,” the State Planning Department said in the court documents.
The State Planning Department claims the conditions are “not so harsh” given there is access from Tabone St.
One of the reasons for rejecting the Rockhampton-Yeppoon Rd access is a safety concern of vehicles slowing down as they are exiting the roundabout, when it would be expected they would be accelerating, and this may increase the risk of crashes occurring.
Ergon Energy was also named as a co-respondent as part of the approval conditions specified the developers were to work with Ergon to relocate a pole and stay wire on the development site.
Ergon Energy withdrew their involvement with the case in June 2020.
The court documents state the matter would be mentioned for a pre-call-over review on March 22 and a two-day hearing will be held in April.