It's been five years of to-ing and fro-ing between Cherrabah developers, the Southern Downs Regional Council and those opposing the development.

IT'S been almost five years since it got the council's initial tick of approval but a multi-million dollar proposed expansion of Cherrabah Homestead Resort remains mired in legal and environmental red tape.

Preliminary approval was given by the council way back in 2008 and after months of deliberations and scores of objections from Elbow Valley landowners, the Southern Downs Regional Council voted five to three in June 2011 to approve the massive redevelopment.

The plan is touted as likely to create nearly 500 new local jobs and tapping into the lucrative and growing Chinese tourism market.

If it ever gets off the ground a mini-city two-thirds the size of Stanthorpe will spring up on the resort, with luxury motel accommodation for 1900 tourists, 1500 permanent residents in villas, an airport and function and conference centres.

The China-based owner of Cherrabah, Wenxing Ma of the Joyful View Garden Real Estate Company, lodged a court appeal against a swag of conditions councillors voted to impose on the development, including hefty contributions for roads and other vital infrastructure.

That appeal is still with the Planning and Environment Court of Queensland as council and Joyful View wage a back and forth legal war of words in an attempt to avoid a full-blown court hearing.

To complicate matters, the presence of a colony of rare Spotted Tail Quolls on the 452-hectare Cherrabah site means that even when the court appeal is resolved, if the Cherrabah plan is to go ahead it will also require Commonwealth Government approval under environmental laws the Abbott Government has committed to reviewing.

The final say could lie with Federal Environment Minister Greg Hunt or else a senior delegate in the department in Canberra.

A spokesman for the Federal Department of Sustainability, Environment, Water, Population and Communities told the Daily News this week that Joyful View's proposed Cherrabah Resort expansion project was "being assessed under national environmental law".

"The proponent has advised the department that their project is being contested in the Queensland Planning and Environment Court and that they will finalise their assessment documentation for the Commonwealth approval once the court has made its determination," the spokesman said.

"Once an assessment is complete it will come to the minister, or his delegate, for consideration.

"The delegate or the minister will carefully consider the final assessment, the advice of the department and any public comments received before making a decision on whether this project can go ahead under national environment law."

Southern Downs Regional Council planning director Ken Harris confirmed the Cherrabah negotiations were continuing.

"Council is still working through planning issues with Cherrabah Resort." Mr Harris said.

"We have a number of unresolved matters and will work through these matters as part of the mediation process."

It was a colourful council meeting in its previous term in June 2011 which saw a dead quoll hit by a car brought into the council chambers during the debate.

Then-mayor Ron Bellingham expressed concern the council's $2 million worth of road and other conditions such as a fire station were "unreasonable", but then-Deputy Mayor Peter Blundell was adamant the development would increase traffic significantly south and council had to make sure ratepayers weren't left picking up the cost of improving the road.

Cr Jo McNally was adamant it was unreasonable expansion of the area, while Cr Mally McMurtrie said she could see no credible reason not to approve it.

Cr Cameron Gow expressed concern over council's consistency in dividing up good quality agricultural land, a constant bugbear of Cr Ross Bartley, and both, along with Cr McNally voted against the application.

A report from Joyful view at the time stated that as well as jobs the new resort would be worth $265 million to the local economy during development and $733 million once up and running.

Council planners also estimated council could rake in $800,000 of rates from the development.

The issue of the Old Stanthorpe Rd took up most of the meeting time with Crs Blundell and Bellingham debating whether it was appropriate to condition the applicant to seal the whole road south.

What do you think? Will Cherrabah ever get off the ground? Email editor@warwickdailynews.com.au