Tip case returns to VCAT

BRIMBANK Council and residents will continue to fight a proposed landfill at the former Sunshine-Kealba quarry, despite a major setback in the Supreme Court.

The Victorian Civil and Administrative Tribunal last year rejected Barro Group’s application for a permit to turn the former quarry into a rubbish dump.

Barro appealed the decision in September. Last Tuesday, the Supreme Court sent Barro’s proposal back to VCAT for a fresh hearing.

In her decision, Justice Emerton found VCAT had misunderstood the statutory and policy regime and failed to give proper consideration to the proposal’s net community benefit.

Brimbank Council chairman Peter Lewinsky said the council would continue to pursue the best outcome for residents.

“Council’s original refusal of the application by the Barro Group was because it believed that the landfill was not in the best interests of our community,” he said.

Residents Against the Sunshine Kealba Quarry spokeswoman Marilyn Canet said last week’s Supreme Court decision was not a crushing defeat.

She said residents remained optimistic of a positive outcome.

“Our group is totally committed [to ensuring] the landfill is not approved and we hope the morally correct decision prevails,” Ms Canet said.

Council administrator and Sunshine Quarry community liaison committee chairwoman Joanne Anderson said the council would continue to work with Barro and residents on the future use of the site.

“The committee was originally formed in response to community concerns surrounding the dust and noise emanating from the former quarry site,” she said.

Barro representatives did not return calls from the Weekly.

A date for a new VCAT hearing has not been set.