A BAYSWATER councillor says she sees a glimmer of hope that the controversial Bayswater concrete batching plant approval will be overturned, after an appeal relating to its conditions was granted.
In January, the council did not appeal the State Administrative Tribunal’s Collier Road decision to conditionally approve the WA Premix proposal, after seven years battling the proposal.
Lawyers advised the City would need to prove an error of law.
Councillor Sally Palmer lodged an appeal on behalf of petitioners with the Department of Environment Regulation against the work approvals imposed by it.
An investigation will be completed and a report prepared for the new Environment Minister.
“I’m appealing against the lack of distance buffer … and the fact that the State Administrative Tribunal did not control the amount of batching being done and has just given an open card, which means if they want to batch heavily for 10 hours a day, we’ve got no control over that,” she said.
“We’ve got to say we really don’t want it, but if we’re forced to have it, it’s got to be stringently and properly controlled.”
Cr Palmer said the new State Government stood with the Bayswater community and said it “deplored” the plant while the party was in opposition.
“The fact that this Government now is against the batching plant, we’ve got to do everything to stop it … that was a promise made by Mark McGowan, Lisa Baker, Dave Kelly and Amber-Jade Sanderson,” she said.
Cr Palmer said she would bring forward a notice of motion at the next council meeting to write to the new Premier to honour the promise.
Bayswater also lodged an appeal last month against the conditions of the works approval including the condition that noise levels at the plant would be monitored for only two weeks after it was commissioned.
Mayor Barry McKenna said the City understood any appeal regarding the works approval could be made only in relation to the conditions.
“The City believes noise monitoring should continue at the site for a minimum of six months following the commissioning of the plant,” he said.
“The City will continue to advocate on behalf of residents impacted by the unwanted construction of the concrete batching plant in Collier Road.”
Pending the determination of the appeal, the conditions imposed under the works approval will continue to have effect.