THE City of Bayswater will not appeal the Collier Road concrete batching plant approval in the Supreme Court and instead “closely monitor the development” to make sure it complies with conditions.
The white flag has been waved on the six-year saga, as the 28 days given to the City of Bayswater to appeal the State Administrative Tribunal’s (SAT) decision to conditionally approve the Ransberg proposal expires tomorrow.
Deputy Mayor Stephanie Coates said solicitors said the only basis for appeal to the Supreme Court would be on a question of law.
“We instructed our solicitors to investigate this further and on December 19 were advised that to appeal the decision we would need to prove that an error of law had been made by the tribunal. Our solicitors advised that SAT’s decision did not reveal any legal error of law and thus the prospects of a successful challenge in the Supreme Court are highly unlikely,” she said.
A challenge in the Supreme Court would cost about $40,000.
Last month SAT also approved a mobile concrete batching plant in Bassendean, just 1km from the Collier Road site.
Cr Coates said the City was “extremely disappointed” with the SAT’s decision.
“We have fought hard against this development on behalf of our community since council first refused the development in 2011,” she said.
“The City will closely monitor the development to ensure it complies with the comprehensive set of conditions imposed by SAT.”
Council and residents’ concerns included dust and noise emissions, its proximity to Joan Rycroft Reserve and homes and the potential impact on ground and surface water.
In its approval, SAT declined a request for installation of a wind fence to protect neighbours Able Westchem and would not put a limit on production amounts.
The Environmental Protection Authority (EPA) refused to assess environmental impacts of the plant last March because the overall impact of the proposal was “not so significant as to require assessment”.
The City has spent about $300,000 on legal and specialist environmental consultants’ costs defending its opposition to the original and revised concrete batching plants.