Maroc - TIMBERBIZ.COM.AU - A La Une - 20/Feb 23:43

WA sawmill project taken to tribunal by neighbours

Neighbours aggrieved at a recently approved sawmill in Forest Grove are taking their fight to WA’s State Administrative Tribunal. Source: Augusta Margaret River Times The matter came to a head after the Shire of Augusta-Margaret River recently approved the contentious project despite admitted issues advertising the project as a portable mill, rather than a permanent timber yard. Calgardup Rd neighbours Cyrus Cox and Geoff Bott have lodged a complaint with the SAT demanding the approval be overturned after shire planners said there was no leeway within existing rules to reconsider the item. Mr Bott told the Times the appeal was lodged on the ground of “procedural fairness”. He believed if the proposal was advertised as an ongoing concern rather than a temporary sawmill, more residents would have lodged objections. He told the Times there were shortcomings in how fire safety, noise modelling, road upgrades, and issues around confidentiality of documents were handled during the process. Furthermore, process being just before Christmas made it difficult for objectors, Mr Bott said. “This is ridiculous timing and does not equate to procedural fairness,” he said. “Not only were shire officers only available for four business days between these dates but also access to the elected councillors was also severely hampered.” Mr Bott also said it sent the wrong message to approve the development when it had already substantially commenced without seeking the shire’s approval. Shire acting chief executive Nick Logan said the local government would participate in the SAT process, but due to legal considerations could not offer any further comment. Earlier this month, the Times reported the December approval by the shire’s development assessment unit caught neighbours off guard because they had understood the project was only temporary. Instead, after public submissions closed, it became clear the fixed sawmill business would operate three days per week and allow trucks to deliver timber to the site on an ongoing basis. That approval came despite the shire unit acknowledging the project was under way initially without planning approval being sought. “In September 2023, the shire was made aware of non-compliant buildings, land use and camping on site,” December’s DAU minutes said. “The landowner has subsequently met with shire officers to understand the necessary applications for compliance with the Local Planning Scheme and Building Act. “The landowner has since resolved the illegal camping onsite, is rectifying building noncompliance and this application will deal with the unapproved outbuildings and sawmill operation.” Mr Bott said he had also lodged a Freedom of Information Act request with the Shire. Margaret River Sustainable Timbers did not respond to inquiries.