Cherrabah row could go to court
THE Chinese owners of Cherrabah Resort east of Warwick will be required to upgrade access roads if a planned massive expansion goes ahead - but only once traffic volumes reach close to 500 movements a day.
Councillors this week thrashed out final conditions on the controversial redevelopment approved by council last June, with council and owners the Joyful View Garden Real Estate Company at loggerheads since over the details.
A lengthy debate at this week's general meeting, the last for the current council, saw some councillors argue that the bitumen seal on Keoghs Rd be widened to eight metres, with new drainage and line marking.
In the end a compromise was reached, in line with an original recommendation by council officers, that Joyful View Co be required to do the upgrade when traffic reaches 90% of the capacity of Keoghs Rd of 500 movements per day.
When it comes to O'Deas and Old Stanthorpe Rds, which also give access to Cherrabah, Joyful View Co will be required to seal both when vehicle movements reach 100 per day.
But it could all come unstuck if the China-based Joyful View Co decides to take the council to court to challenge these and other council conditions, including that an auxiliary fire station be constructed and that underground water allocated by the State Government only be used in "emergencies".
A legal battle in the Planning and Environment Court could cost ratepayers and the new council hundreds of thousands and could drag on well into next year.
Joyful View Co will now have 40 days to decide either to accept council's final conditions or go to court.
Council planning director Ken Harris yesterday confirmed the Federal Government was in the process of examining the Cherrabah plan under its environmental laws, which stopped the Mary Valley dam.
It could halt the Cherrabah development if it is satisfied it poses a risk to the rare Spotted-Tailed Quoll which inhabits the area.