The Pig house in Godsall street. Terry Hendicott had a four-year battle with Toowoomba City Council. pig house update, sign writing on truck parked in yard at Godsall street.27 May 2003. Chronicle Archives
The Pig house in Godsall street. Terry Hendicott had a four-year battle with Toowoomba City Council. pig house update, sign writing on truck parked in yard at Godsall street.27 May 2003. Chronicle Archives Bev Lacey

City 'Pig House' owner wants court appeal moved

THE owner of the property known infamously as the "Pig House" has appealed the Toowoomba Regional Council's decision to knock back a development at the inner-city home.

Daniel Kevin Berigan's appeal in the Planning and Environment Court of the council's refusal of a veterinary clinic in the house on Godsall St in East Toowoomba continued last week.

Mr Berigan and his solicitor have also requested the matter be moved to Brisbane so that it could be heard more quickly.

The Pig house in Godsall street. Terry Hendicott had a four-year battle with Toowoomba City Council. 01 December 2003. Chronicle Archives
The Pig house in Godsall street. Terry Hendicott had a four-year battle with Toowoomba City Council. 01 December 2003. Chronicle Archives Kevin Farmer

In the original notice of appeal document from September 2017, Mr Berigan argued his proposal met most of the guidelines under the council's planning scheme, and deserved to be approved.

"The application should have been approved by the respondent because the application does not conflict with, or can be conditioned to comply with, all provisions of the planning scheme, the low-medium density residential zone code, and the centre activities code," he wrote.

"To the extent that the application conflicts with the planning scheme, which the appellant does not concede or admit, there are sufficient grounds to justify the approval of the application."

The TRC declined the application back in August, arguing that a specialist vet clinic didn't meet the standards for a low-density-residential area.

But Precinct Urban Planning's Andrew Bullen, who acted for the developer in negotiations with the council, said TRC officers had been swayed by complaints from neighbours.

"My view is (the neighbours are) of a strong view that it should be a residential property, but I'd say that view isn't consistent with what the planning law states," he told The Chronicle back in August.

It marks the latest chapter of council conflicts with developments of the house, 15 years after previous owner Terry Hendicott erected giant pigs and upended cars on his front lawn in protest.

The council of the day had knocked back Mr Hendicott's plan to add a second storey to the historic house, something the owner didn't take too well.

The highly-visible protest soon captured the attention of the Toowoomba public.

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