Waste matter hits a hurdle
A proposal for a liquid waste plant in Mt Barker has hit a stumbling block with the Shire of Plantagenet council set to defer a plan over access to the proposed site.
The proposed facility, located west of Mt Barker, has a capacity of up to 10 million litres of liquid waste annually, with a projection to collect waste from a host of shires in the Great Southern including Plantagenet, Denmark and Cranbrook.
The Shire council deemed the application compliant with rural zoning requirements at a meeting in January, allowing for public comment for 42 days.
Of the 16 submissions received, the officers’ comment cited a submission from Seymour Legal, acting on behalf of Philip Drage, who owns land adjacent to the proposed facility.
“When Lot 783 was originally sold it included right of way for private usage for the benefit of Lot 783 and it was not contemplated that it would be utilised for regular heavy traffic carrying liquid waste, as such it is outside the permitted usage for the ROW,” the submission stated.
“In this regard our client reserves his right.”
The officers’ comment then indicates that this issue must be dealt with legally.
“This is a matter that needs to be investigated by the proponent’s solicitors before a decision is made by the council as it could have a bearing on the conditions imposed by the council,” the comment stated.
“Once the legal matter is resolved and if it is found the right of carriageway easement can remain for vehicular access, the council can then make its decision on the development proposal.”
The officer recommendation requests council defer the proposal to allow for legal advice to be sought by the proponent.
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