THE State Administrative Tribunal (SAT) has again overturned a City of Bayswater council decision and approved a one-year planning approval extension of a concrete batching plant at Collier Road, Bayswater.
The City and WA Premix were embroiled in further SAT mediation when the tribunal rubber-stamped the extension and a proposal to install a 2.1m security boundary fence at the plant July 13.
Bayswater Mayor Barry McKenna said the City would consider appealing the decision.
“The SAT member cited that the planning conditions imposed on the original proposal and the existing environmental regulations that apply to concrete batching plants are adequate to protect health and amenity,” he said.
“An appeal of the decision to a judicial member of the SAT may be possible and the City is currently investigating the feasibility of this option.”
In March, the Environmental Protection Authority (EPA) refused to assess environmental impacts of the plant because the overall environmental impact of the proposal was “not so significant as to require assessment by the EPA”.
However, the community successfully lobbied for the EPA appeals convenor to examine the decision and make a recommendation to the Environment Minister, understood to be handed down soon.
“If the Minister decides to direct the EPA to conduct a formal assessment of the proposal then this would need to be taken into account in the current SAT appeal relating to the revised concrete batching plant proposal,” Cr McKenna said.
“To date, no decision on these appeals have been made.”
Bayswater resident Barry Kramer, who has been involved in the five-year fight against the development, said he did not blame the applicant for the community’s predicament, but rather SAT which was “unelected” and “undemocratic”.
“I want justice for the people within the buffer zone,” he said.
“(However) if the City does appeal, they’re using ratepayers’ money.”
He said the EPA’s buffer zones for concrete batching plants was 300m to 500m and residents along Joan Rycroft Reserve would be some 180m away from the plant.
Mr Kramer said if the EPA gave the go-ahead after the convenor process, the community members fighting the proposal would be “knackered”.