THE expansion of a timber processing site near Mount Gambier has hit a major roadblock amid Grant District Council taking the extraordinary move of not defending its decision in court.
This follows Roundwood Solutions – which operate at Yahl – receiving the green light to extend its operating hours for a second shift by the council’s independent planning assessors.
A property owner near the site has now launched legal action in the Environment, Resources and Development Court to halt the expansion.
In an unusual development in the planning process, elected members of the council made the decision not to defend its own planning decisions made by its assessment panel.
This means it will not pay for lawyers to defend the panel’s controversial decision if the matter proceeds to a full appeal hearing.
Roundwood Solutions management has declined to comment on the matter given it is now embroiled in the legal system.
In the last meeting before moving into caretaker mode, councillors sided with the appellant and not “big business”.
Through the community consultation period, residents raised concerns regarding noise, dust and visual impact from the proposed development.
Yahl resident Greg Buck – who is appealing the decision – said yesterday he was “dead against” the mill expanding its operating hours later into the night.
He said the dust and noise flowing from the processing site at times were “horrific”, which included truck movements and the banging of logs.
“I do not like appealing these matters, but we are dead against the operation of another shift,” he said.
Speaking at the council meeting, Cr Alan Hill – who lives in the Yahl district – called on elected members to support the appellant who lived near the site.
“I have a real problem with council supporting this panel decision,” Cr Hill said.
He said the panel’s membership now had less council representation and was making decisions on behalf of “big business”.
Cr Hill said Roundwood was extending and taking advantage of a 40-year mill that did not operate for many years.
He argued people had built or purchased houses in the vicinity and the company was now seeking to process thousands of tonnes of timber.
“It annoys me that we will support big business against the individual who pays rates,” Cr Hill said.
The processor has approval to extend its operating hours from 7am to 5pm to an operation running between 7am and 11.30pm so it can accommodate two shifts.
The company has previously argued the application was not a development but a variation.
At the meeting, Cr Hill also questioned whether council should be also representing the panel’s decision to allow a subdivision on the fringe of Mount Gambier by Empak Homes.
He argued council should consider not representing the Empak Homes decision in court for “consistency”.
This decision has also been appealed by a nearby landholder.
But after advice from staff, councillors decided to go ahead and represent the panel’s decision in regards to this development.
Cr Graham Slarks said he did not have a problem with the development given the allotments would be fully serviced and were part of the council’s growth plan.
Council environmental services director Leith McEvoy suggested in hindsight the number of elected members on the independent assessment panel should not have been reduced.
He said the panel was making significant and detailed planning decisions on behalf of the council.
But Mr McEvoy said the government was sweeping in changes requiring people to be professionally accredited to join the panel.
