Nullaki lime pit decision disappoints Council

15 January 2019

Council has expressed disappointment in a State Administrative Tribunal decision to overturn its refusal of a lime pit on the Nullaki peninsula and grant conditional approval.

A proposal to extract up to 50,000 tonnes of lime per year from a Nullaki site located within a Conservation Zone listed under the Local Planning Scheme was unanimously refused by Council at its meeting on September 27, 2017.

Council determined the lime pit was at odds with the general objectives of the Conservation Zone and the environmental and social amenity of the area, while 69 of 75 public submissions also objected or raised concerns with the extraction industry.

Objections received to the proposal from the Department of Planning and Department of Parks and Wildlife lent weight to Council’s decision not to approve the extractive industry, however the applicant decided to appeal the refusal through the tribunal.

Last Thursday, SAT set aside Council’s decision and granted development approval to the lime pit subject to 45 conditions relating to issues such as the environment, traffic, noise, dust, fire risk and compliance.

Acting City of Albany Mayor Greg Stocks said SAT’s decision came down to technicalities of interpretation of the Local Planning Scheme and expert advice presented by the proponent that satisfied the tribunal that issues of concern could be managed.

“We’re surprised that an extractive industry was found by the SAT to be consistent with the objectives and provisions of the conservation zoning,” Cr Stocks said.

“Council felt the development was not consistent with the zone or with orderly and proper planning principles, and that these were strong grounds for refusal.

“We actively defended our position and are puzzled and bitterly disappointed we have been unsuccessful and understand the community will be too, and are concerned about what precedent this might set.”

Cr Stocks said Council and senior staff would review the SAT’s finding and conditions imposed in detail over the coming week.