X Convenience appeals to Planning Minister Vickie Chapman in push for $2.8m Sturt petrol station

A major South Australian petrol station operator is accused of attempting to bypass a local council in an escalating servo battle.

The proposed X Convenience would replace the Fresh Choice Restaurant which closed permanently last October.

A South Australian petrol station operator is accused of attempting to bypass a local council and thwart community opposition in its bid to build a new outlet in Adelaide’s southern suburbs.

Marion Council claims Andrash has requested Planning Minister Vickie Chapman appoint the state planning authority to assess plans for a new X Convenience outlet at 373 Diagonal Rd, Sturt.

The move comes after the council’s independent assessment panel last September unanimously rejected the company’s proposed $2.8m 12 pump petrol station, car wash, shop and drive through restaurant.

The council sent a flyer to residents of Sturt and Seacombe Gardens on January 25 alerting them to Andrash’s request and accusing the company of trying to “thwart” opposition.

“Council is extremely concerned that Andrash is now attempting to use a legal loophole to stymie local opposition and build the service station,” the letter says.

“Local residents have vigorously opposed the service station and will be angered when they learn of the company’s manouvring (sic).

“Council has written to the Minister to put our views about Andrash’s request.”

Marion Council claims Andrash has requested Planning Minister Vickie Chapman appoint the state planning authority to assess plans for a new X Convenience outlet at 373 Diagonal Rd, Sturt.

The flyer says that Ms Chapman has to hear “both views” before making a decision.

Andrash is appealing the council’s refusal of the development to the Environment Development Court with a conference slated for February 3.

Marion Council mayor Kris Hanna said the company was trying to “have it both ways” by appealing and seeking Ms Chapman’s approval to bypass the council.

“It’s highly unusual to follow this process while an appeal is underway,” he said.

Section 34 of the Development Act 1993 allows the Ms Chapman to refer an application to the state commission assessment panel if the council has a conflict of interest, the project has a “significant impact” beyond the boundaries of the council area or the council has failed to deal with the application expeditiously.

The council’s assessment panel refused Andrash’s original proposal because the development failed to meet the desired character of the zone and was not pedestrian friendly, the flyer says.

A spokeswoman for Ms Chapman said the Minister had received correspondence from the council and Andrash.

“Consideration is yet to be given, but, as is the case with all matters such as this, it will follow a full and proper process,” she said.

Andrash was contacted for comment.