The State Administrative Tribunal (SAT) has overridden a decision made by the Shire of Serpentine Jarrahdale Council, refusing a transport depot in Oldbury.
In July of 2019, Maxim Nield applied to the Shire of Serpentine Jarrahdale for development approval regarding a transport depot on King Road in Oldbury.
Mr Nield sought approval to use the land for the parking of controlled waste vehicles that are required for his liquid waste removal and disposal business.
The development was a contentious issue at the time with the shire stating that the depot was inconsistent with the objectives of the ‘Rural’ zone outlined in the shire’s Town Planning Scheme Number Two under which the site at Oldbury would fall.
In March 2020, Mr Nield sought a review of the shire’s decision by the SAT, during which he provided the shire with additional information relating to the proposed development, in accordance with the tribunal’s orders.
The shire considered the amended application at its meeting in October, 2020, during which the council affirmed the original decision to refuse the application.
The proposed development involves parking six trucks, including four controlled waste vehicles and two skid mounted controlled waste tanks.
According to the proposal, no more than two controlled waste vehicle movements will leave the premises and return at the close of business each day. The controlled waste vehicles will enter the site from King Road via the Northern Driveway, and the vehicles will typically collect bulk loads of liquid waste and dispose of the waste prior to returning to the site.
However, the vehicles at times will return to site holding controlled waste for periods up to seven days.
Truck-to-truck transfer of controlled waste can occur three to four times a week on site.
The shire refused the amended application on the basis that the proposed development is inconsistent with the objectives of a rural zone, inconsistent with the established rural character of the area and is likely to adversely impact on the rural lifestyle of surrounding residents.
It said insufficient information was submitted to determine the noise and odour impacts of the development.
The SAT made the decision to allow the transport depot to go ahead as it said it is consistent with the purpose and intent of the Rural zone, which is to accommodate the full range of rural pursuits and associated activities conducted in the scheme area.
“We find that due to the limited scale of the proposed venture, and the mitigation measures to be adopted by the applicant, the proposal will not interfere with the characteristics, values or pursuits commonly associated with rural or country areas,” the decision by the SAT stated.
“We find that the proposed development is consistent with the objectives and purpose of the Rural zone.”
“The Transport Depot will not compromise the integrity of the rural and agricultural character of the Rural Policy Area, we find that the proposed use is consistent with the Shire’s Rural Strategy.”
