WESTMORE CORPORATION PTY LTD and SHIRE OF CHITTERING

Westmore Corporation Pty Ltd lodged a development application with the Shire of Chttering for a development on land zoned 'Agricultural Resource'. The land had previously been used for extractive industry, and the proposed development was for a landfill. The Shire of Chttering opposed the application on the basis of amenity concerns, arguing that the proposed development would cause significant noise and dust emissions. The dispute was brought before the Planning and Environment Tribunal (PET) of Western Australia for review of the Shire's decision.

The legal issues before the PET were whether the proposed development constituted a non-prohibited land use, and if so, whether the applicant had adequately addressed the amenity concerns expressed by the Shire of Chttering. The PET considered the evidence presented by both parties and expert evidence on the potential impact of the development on the surrounding environment. The PET also considered the fact that the proposed development was located within a Special Control Area, which was designated for basic raw materials and was also the location of the Shire's own land refuse zone.

The PET found that the proposed development was a non-prohibited land use within the 'Special Control Area - Basic Raw Materials' and that the applicant had adequately addressed the amenity concerns expressed by the Shire of Chttering. The PET considered that the proposed development was appropriate for the subject land, and that the evidence presented by the applicant's expert consultants demonstrated that the development would not have a significant impact on the surrounding environment. The PET also noted that the proposed development was of limited scale and fixed duration, and that the 1,000 metre buffer distance to the nearest sensitive land use, the topography of the area and prevailing winds had been taken into account. The PET found that the applicant had satisfied the Tribunal that the proposal was appropriate for the subject land.

The PET allowed the application for review and ordered that the development application be approved subject to conditions. The conditions included a requirement that the bund surrounding the crusher and lining the hopper be covered, and that no crushing take place between 06:00 and 07:00 am on any day. The PET also noted that the respondent had furnished a Minute of Proposed Conditions which was in effect the conditions initially recommended by Council officers with some amendments. The applicant accepted some and opposed others, some entirely, others in part.