Mayor Peter Walker has backed legal action against the developers of a cleared Eastgrove subdivision.
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He says a message must be sent that council consent conditions and orders carry weight.
Councillors this week authorised general manager Warwick Bennett to pursue Local Court action against the developer, Lock and Strand Pty Ltd, over alleged "numerous pollution incidents" between December 2021 and January 2022 at 99 May Street.
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The company last year extensively cleared vegetation from the site, below Rocky Hill. Successive heavy rainstorms then washed tonnes of mud and silt downhill into restored wetlands on May Street.
Cr Walker described the clearing as "a bad decision" which caused significant environmental damage.
"It has led to the soil being uprooted and going into the back of houses, the wetland and river. It could have contained contaminants," he said.
"They were asked to fix it and they've been slow in turning their attention to it...The site management process they applied was flawed and the consequences were great.
"...We just need to put a stop to people (allegedly) not complying."
The mayor said the heavy siltation had broken the hearts of people who devoted hours of volunteer labour to the wetlands.
The Post has tried to contact the company for comment, without success.
The decision came after a near 30-minute closed council discussion on Tuesday, due to legal considerations.
Earlier this month, planning staff had recommended that no further Penalty Infringement Notices (PINs)be issued until all legal options were explored. These included Local or Land and Environment Court action. The council also obligations under the Protection of the Environment Act.
The developer had already incurred two PINs, carrying a total $14,000 fine, for alleged pollution and non-compliance with consent on November 7. Planners claimed eight pollution incidents had occurred between November 7, 2021 and January 16, 2022. The PINS carry statute of limitations ranging from 12 to 24 months, meaning no further action can be taken after that period.
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On Tuesday, environment and planning director Scott Martin said a great deal of staff time and effort had been devoted to getting the developer to comply and secure appropriate professional advice for the site.
"Unfortunately that advice fell on deaf ears," he said.
"As a result there was a successive number of pollution and site mismanagement issues that prompted the council to go down this path and make a statement that while the community loves to see development go ahead, it must be done in the right way."
Mr Martin said the damage to the wetlands and homes was significant. One house lost a retaining wall.
On Tuesday, Local court action was chosen above Land and Environment Court proceedings due to the time and resources involved. Another matter, an alleged unauthorised 13-room 'shed' at 555 Forest Siding Road, is mired in the Land and Environment Court process. Mr Martin said the two could not be compared and the intended effect had to be considered in the best legal route.
The mayor said someone had to be responsible.
"If it means going to court and having an order or judgement on what you did wrong, along with all the media exposure, then I think that acts as deterrent to others."
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Louise Thrower
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
