Shire of Capel v Asphaltech Refusal upheld

The State Administrative Tribunal (SAT) has handed down its decision to refuse a proposed asphalt plant in Gelorup on 2 March.

The tribunal refused the proposed asphalt plant in accordance with the council’s position. This is a major victory for The Shire of Capel and Gelorup residents – with the proposed plant so close to Gelorup homes and schools.

SAT upheld the council decision after it was appealed to the tribunal by proponents Asphaltec. The company already moved components of the plant to the proposed site on the Hanson quarry site near Jules Road. The Shire of Capel spent $218,000 of ratepayer funds to defend the appeal after the application to was rejected by the council in December 2019.

It was rejected on the grounds the location was within a recognised one-kilometre buffer zone from homes for such plants and would thereby result in unacceptable noise, odour and dust and air pollution emissions

Capel Shire President Cr Michael Southwell said the win vindicated the Council’s strong stand to protect residents from the impacts of pollution which would post health risks, lower the amenity of the area and reduce property values.

“I’m very pleased that SAT accepted our expert evidence that the plant emissions would pose an unacceptable risk to the health of those living nearby and children attending the school.”

“This Council will always place the interests of its ratepayers and residents first,” he said.

ENDS