Dump company files court case against council
A WASTE company has filed a court case against the council over its refusal of an application, labelling the decision "erroneous, unreasonable and unlawful".
Bio-recycle, trading as Bettergrow at Swanbank, lodged an application with Ipswich City Council last year to increase the height of construction and development waste to its landfill site on Memorial Dr.
The site already has development approval for landfill capacity of up to 200,000 tonnes of construction and demolition waste a year.
Owners wanted to take on 450,0000 tonnes per year.
In January, the council refused the application listing a host of reasons including that the proposal; did not rehabilitate and use the former mining site in an appropriate manner, did not provide a visually appealing backdrop to the Ripley Valley Urban Core, and would compromise the future rehabilitation and repair of the site.
In the appeal documents lodged with the Brisbane Planning and Environment Court, lawyers for Bio-Recycle argue the development application should be approved in full "subject to conditions that are relevant, but are not an unreasonable imposition on the development".
Lawyers for Bio-Recycle labelled the council's decision to refuse the application as "erroneous, unreasonable and unlawful".
According to the appeal documents, the development application does comply with the relevant planning guidelines - or at least could with conditions.
"The development application involves a logical and appropriate expansion of an existing approved landfill and will not result in any unacceptable amenity impacts or other unacceptable impacts," the appeal documents state.
Ipswich City Council and the planning company working with Bio-Recycle were contacted but declined to comment as the case was before the courts.
Others listed in the court action are HPC Urban Design and Planning Pty Ltd as an appellant, and the chief executive for the Department of Infrastructure, Local Government and Planning, as a respondent.