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Walfertan Appeal Determined
Last modified: August 6, 2009 - 8:05 AM
The Class 1 Appeal by Walfertan Tannery against the "deemed refusal" of their development application for disposal of tannery effluent by irrigation on land at Aberdeen has been determined by the Land and Environment Court. The Court has upheld the Appeal and granted development consent to the proposal with an extensive range of conditions.
General Manager, Daryl Dutton said "while this application has been approved, the Senior Commissioner stated that the state of the technical information initially provided with the application was seriously deficient which has supported Council's delay in the processing of the application which was effectively the basis for the Appeal in the first place". The judgement states that the technical information (provided with the original application) was sufficiently unsatisfactory and uncertain that it would not have permitted granting consent to the application.
Mr Dutton stated that "the result of this determination is an approval with an extensive range of conditions and requirements on the applicant for a proposal which has, in the words of the Senior Commissioner resulted ""in a significantly improved proposal compared to that for which approval was originally sought". This process has involved many experts for all parties, and numerous days in the Land and Environment Court which of course means significant cost to all parties."
The decision of the Court has adopted and clarified the conditions of consent which will require; extensive monitoring of the treatment and irrigation system; monitoring of meteorological conditions to ensure irrigation does not take place to prevent spray drift onto neighbouring properties; establishment of vegetated buffer zones; establishment of a vegetated riparian zone to rehabilitate a substantial section of Bakers Gully; a beneficial change in the maintenance and operation of the Rouchel Rd dams; rehabilitation of the Mantons irrigation area; a qualitative improvement in odour emissions and management; and confirms the operation of the Community Consultative Committee.
Mr Dutton indicated that Council's primary objective was to obtain an improved environmental outcome for the Tannery operations at Aberdeen. He said "sufficient information was eventually provided through this process for the Court to have confidence that the proposed tannery effluent treatment and irrigation system can be undertaken in an environmentally sustainable manner which will result in improvements for both Walfertan and the Aberdeen community"
Mayor Michael Johnsen said, "The judgement vindicates Council's position that the original application was unacceptable, with significant additional information and changes required through the process, at significant cost to Council and therefore the community. I am pleased with the outcome of the conditions of approval leading to a more restrictive environmental regime for the operation of the Tannery and rehabilitation of the site. It is now up to Walfertan to prove to the community its credentials by full compliance with the new conditions. Overall, there will be a better environmental outcome for everyone, compared to the current situation," he said.
Contact details
Upper Hunter Shire Council
Tel: 02 6540 1100
Fax: 02 6545 2671
council@upperhunter.nsw.gov.au
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