Shire of Capel decision to bar proposed asphalt plant in Gelorup upheld by State Administrative Tribunal

Gelorup residents and the Shire of Capel have celebrated a “major victory” after an appeal for a proposed asphalt plant to be built in the area was rejected amid a plethora of concerns. The State Administrative Tribunal hit the final nail in the coffin for Asphaltech’s plans to build a new production plant at the Gelorup Quarry when it recently upheld the council’s decision to reject the company’s development application. Capel shire president Michael Southwell, pictured, said the win “vindicated the council’s strong stand to protect residents from the impacts of pollution”. “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,” he said. “This council will always place the interests of its ratepayers and residents first.” The proposed plant was set to be located within kilometres of residents, with Bunbury Cathedral Grammar School just 1km away. The tribunal heard Asphaltech made a development application with the Shire of Capel to construct the plant in August 2019 but was rejected several months later. The Shire of Capel stated the proposed development did not achieve the required 1km buffer separation distance to sensitive land uses and there was a potential risk to human health and safety, as well as a negative impact on surrounding properties in terms of noise, odour and dust emissions. The tribunal was told the shire received 155 written submissions from residents opposing the development during the public consultation period. Public submissions included concerns about noise and air pollution impacts, unknown health outcomes from the burning of petroleum products, chemical odour, traffic congestion and Bunbury Cathedral Grammar School’s close proximity to the proposed site. During the tribunal proceedings in July last year, air quality specialist Giacomo Collica gave evidence that the majority of compounds released during asphalt production had a toxicity factor and there was no question that exposure to the fumes at close proximity had the potential to cause adverse health effects. In handing down its decision, the tribunal concluded the proposed plant was not compatible with development on other land in the area and did not promote the sustainable use and development of land.