Tea Tree Gully Council will appeal a SCAP decision to approve a recycling centre

In a state-first, a council will take a State Commission Assessment Panel decision to court after the approval of a “dirty, loud … eyesore” recycling centre.

Tea Tree Gully Council will appeal the State Commission Assessment Panel’s approval to modify an ageing service station into a recycling centre in court.

It is the first municipality to appeal a panel decision in court since the inception of the new planning and design code in March which replaced all council development plans.

Earlier this month, the panel approved the application for 1272 North East Rd, with senior planning officer Ben Scholes stating the applicant, Epishas and Sons Pty Ltd, had submitted necessary information to address concerns from the council and 23 residents.

However, the council did not support the proposal for a fuel outlet and recycling facilities for bottles and cans.

The council will appeal a SCAP decision to approve the recycling centre at 1272 North East Rd. Picture: Google Maps

It wrote to the panel in late September, stating the proposal would have an “unreasonable” impact on the area and it had received no information addressing noise and traffic concerns when asked to comment.

At a meeting of council on Tuesday night, elected members voted to authorise chief executive John Moyle to lodge an appeal in the Environment, Resources and Development Court.

Mayor Kevin Knight told the meeting no municipality had yet challenged a panel decision under the new code.

“This development does not excite me,” Mr Knight said.

“I think it’s worth a shot. The best we can do is compromise on making improvements, or hopefully, make a change to the decision.”

Cr Olivia Savvas said she “disagreed entirely” with the proposal and it was in a “strange spot”.

Residents and councillors are concerned the recycling centre will make local traffic issues worse. Picture: Tea Tree Gully Council

Deputy Mayor Lucas Jones said the council had “an obligation” to lodge an appeal on behalf of ratepayers and it did not belong next to residential properties.

“These types of proposals are usually reserved for industrial estates … and there is reason for that, it is dirty, loud, usually an eyesore,” Cr Jones said.

“I am concerned this development will result in a large increase in noise, traffic congestion and will look out of character with the area.”

Residents say the recycling centre is too close to their properties. Picture: Google Maps

In an email to the council, local resident Fay Edwards said it would create “unnecessary noise” and “exacerbate” existing traffic problems.

In a further missive, Robert and Elizabeth Basedow said it was “culturally and aesthetically inappropriate for this setting” and could attract vermin.

However, company spokesman Emmanouel Pishas said the proposal had been welcomed by the community and he was “very disappointed” by the council’s decision.

“We’ve fully painted it … we’re spending tens of thousands of dollars on it, making it one of the cleanest operations out,” Mr Pishas said.

“The council gave me the impression they would accept the umpire’s decision, it wasn’t up to them.”

He said the panel had ultimately been given “all the facts” – including consultant reports addressing traffic and noise concerns – and it “had no issues”.