A new urgent health clinic is on track to open in July now its developers have emerged successful from a court dispute with Logan City Council.
The facility, which was supposed to open two months ago, is expected to ease pressure on one of Queensland’s busiest hospitals, which is undergoing the state’s largest-ever upgrade to keep pace with Logan’s booming population.
But its opening was pushed back after council demanded the developers pay a $704,000 bill for surrounding trunk infrastructure, including connection to road, water and sewerage.
In late April, however, the planning and environment court ruled the developers were not liable for the infrastructure, and therefore did not have to pay the sum.
Judge William Everson said the infrastructure charge was invalid as the $33 million project was already approved under a state government planning classification known as a Ministerial Infrastructure Development (MID).
A MID is the same classification granted to schools and other state government projects deemed to be in the community’s interest.
These projects do not require a development application to council.
Plans do, however, require sign off from council’s planners.
It is understood these planners argued the project’s developers owed Logan City Council the sum for “street access”, in addition to money already paid for connection to water and sewerage.
But Judge Everson wasn’t convinced.
“… there is no extra demand placed on trunk infrastructure that the building approval will generate over and above the MID,” he said in the court judgement.
“Accordingly, I declare that the infrastructure charges notice… is invalid and of no effect. I order that the infrastructure charges notice be set aside.”
A spokesperson for the council said the organisation was “considering its position” in relation to the court’s decision.
The council has until late May to file an appeal.
The health centre was developed to help slow ramping and provide care to patients at Logan Hospital, as well as increase health access to women.
Opposite the hospital at Meadowbrook, the centre is the first in the state to be privately built and government run.
About half of the building is slated to be used by the state government’s Metro South Health for emergency care.
The other half is expected to be made available to health providers.
The government-run section will include a new Minor Injury and Illness Clinic and dedicated Women’s Health Services managed by the Logan Hospital.
The ground-level clinic will provide walk-in care, free for people with a Medicare Card with illnesses and injuries not anticipated to be life-threatening in nature.
The Women’s Health Services on Level 3 will include outpatient facilities, antenatal and therapy services.
“These services will be supported by a satellite pharmacy, pathology and imaging services,” a Logan and Beaudesert Health Service spokesperson said.
“Patients requiring more urgent care for trauma or chronic and emergency health issues will still need to visit major hospitals for health services and treatment.
“The Minor Injury and Illness Clinic and Women’s Health Services will support hospital outpatient growth and ease pressure on emergency departments and give local women more options to access healthcare closer to home.”
Prior to the dispute landing in court, mayor Jon Raven said of council’s approach to MIDs being managed by private developers: “Council takes a grim view of for-profit developers seeking to avoid the normal process and bypass paying their fair share towards infrastructure.”
“Our community expects developers to contribute to the cost of infrastructure, otherwise it will increase their rates. Why should rates go up to subsidise developer profits?”
Meadowbrook Health’s James Head oversaw the construction of the development, in regular discussion with Metro South Health.
“Our legal advice tells us that because this project was classified in the public interest as a MID, there was no development application required and that there would therefore be no headworks charges,” Mr Head said prior to the court dispute.
“It is unfortunate that this valuable project is being held up by council. The project has been completed for some weeks, and it is now being stalled because council refuses to seal the sub-division.”
