Mr Pearson is pictured at his Megaw Road quarry, which has also been subject to legal action by local government authorities.
CONTROVERSIAL Mount Gambier junkyard dealer Keith Pearson has been found guilty in the Environment Resources and Development Court SA of undertaking unlawful storage activities without development approval.
The court proceedings were launched by Mount Gambier City Council that alleged – from late January 2018 until early May 2018 – Mr Pearson undertook activity on the land in the city without development approval.
Mr Pearson now faces a possible fine and conviction.
Handing down his judgment, Judge Durrant ruled Mr Pearson had been found “beyond reasonable doubt” that a change to storage occurred on the land without approval under the act.
“…the change of use was therefore unlawful. I find the first defendant guilty,” Judge Durrant said.
The storage of these materials constituted a change in the use of the land to a scrap metal yard, junkyard and/or scrap metal recycling business.
Mr Pearson brought metal shelving, unregistered vehicles, bins and a truck trailer with a shipping container attached onto the land, which was approved for “light industrial” activity.
According to the court proceedings, Mr Pearson undertook these activities on land not owned by the defendant.
Mr Pearson was only given consent by the owners to store certain materials in a closed shed for a short period, “namely several days”.
According to Judge Durrant’s consideration of the matter, Mr Pearson represented himself and did not call any evidence.
But in court, Mr Pearson argued the use was not a junkyard activity.
“He contended there was not scrap metal on the land and the metal shelving was to be recycled, the scrap bins were for ordinary rubbish and the motor vehicles were to be donated,” the judge said.
“He did not contend that any industry process was being carried out on the land.”
Mr Pearson submitted the use as a dispatch centre and materials were “put in there for a sort and despatch out”.
“As he did not give any evidence, there is no proof that is what was occurring,” Judge Durrant said.
“I find the evidence disclosed, beyond reasonable doubt, the land was being used not for the approved purpose, but for the purposes of storage.
“No commercial process was being carried out as required by the authorisation of use of the land as light industrial.”
Mr Pearson has also faced legal action from Grant District Council in regards to his Megaw Road quarry at Compton.
The scrap metal dealer was slapped with a litter abatement notice following material being dumped alongside the road outside the quarry.
