Cooloola Custom Stockfeed takes Gympie council to Planning court

A 15-year-old business is fighting back against accusations and actions from the Gympie council over an alleged stench it is generating near a key, council sponsored tourist attraction.

Cooloola Custom Stockfeed is taking Gympie Regional Council to the Planning and Environment Court over an enforcement notice its lawyers say was issued despite never identifying any alleged breaches at the time.

A 15-year-old Gympie stockfeed business is fighting Gympie Regional Council after it was given an “unreasonable” order to fix a number of problems its lawyers claim have never been verified.

Cooloola Custom Stockfeed Pty Ltd has lodged an appeal against the council in the state’s Planning and Environment Court over an enforcement notice it was given in March 2023, asking that it be thrown out.

The business’s owners and Gympie Regional Council each declined to comment on the matter at this time.

Documents lodged with the court reveal the battle stems from a months-long issue about allegations of odour from decomposing spilt grain, dust and stormwater leakage at the Tozer Lane premises near the Mary Valley Rattler station.

Cooloola Custom Stockfeed, through its legal representatives, says the council claimed to have received “ongoing” public complaints and an officer investigated the site on October 2022.

They allegedly found several problems at the shop.

Documents lodged with the Planning and Environment Court reveal the Gympie Regional Council investigated Cooloola Custom Stockfeeds in October 2022 after “ongoing” complaints about odour and dust at the business. In March 2023 the council issued an enforcement notice to the business giving it strict deadlines to address a number of alleged problems.

These included areas where leaking had created ponds on a loading bay, a “layer of sludge” on top of the saturated floor surfaces, and decomposing spilt grain.

Cooloola Custom Stockfeed staff said at the time the ongoing wet weather events were impeding sweeping and shovelling, making it difficult to clean the area.

Ghostly figures, flying dishes and the sleuths seeking answers

The court documents say within two days the loading bay had been cleaned and deodorized, and a maintenance schedule installed.

Roof and guttering repairs were also to be done at the end of October.

The Stockfeed says the business was however still hit with a “show cause” notice two weeks later over the alleged roof and odour problems.

Lawyers for Cooloola Custom Stockfeeds, located at Tozer Lane near the Mary Valley Rattler, claim the Gympie Regional Council had no basis to issue the enforcement notice against the business. They claim the council was well aware the Stockfeed was fixing problems with its roof, and never verified allegations of odour and dust problems at the site.

This was despite the order not explaining why the roof and guttering was inadequate or identifying “any facts and circumstances” which amounted to a breach of the Environmental Protection Act 1994.

In response, the Stockfeed says in the documents, the council was informed in a letter roof repairs were expected to be finished in mid-February 2023.

These had been delayed past an expected Christmas deadline as a result of newly identified problems on the building, and ongoing material and tradespeople shortages.

The business had been waiting since February 2022 to have the roof fixed, it said.

Solutions to any dust and odour problems were also clearly outlined too, Shand Taylor Lawyers say.

Man risks staggering fine by feeding wild dolphins

The letter did little to assuage the council, with the business then hit with an enforcement notice on March 10, 2023, from the council, which said the letter failed to address the issues.

The notice carried a number of strict deadlines and requirements.

These included a 21 day timeline to submit documentation about the roof repairs, a 60 day deadline to deliver a comprehensive site management plan to resolve any dust and odour problems, and a 90 day limit for hydraulic plans about stormwater management to be handed over.

The Stockfeed disputes this notice, saying there was “no basis” it and the business would suffer “significant financial hardship” if forced to undertake the council’s orders within its “unreasonable” timeframes.

Further the officer “has not and did not” verify any alleged dust and spillage complaints and the council was well aware at the time work was underway to fix the roof.