Appeal court sides with Ipswich City Council in $7mil legal battle over its decision to reject proposed landfill sites

Ipswich City Council has celebrated a victory as the long-reserved judgments for multiple opposed landfill sites were released, just days after the state government refused permission for another opposed landfill development.

Ipswich City Council has won $7m legal battle for over landfill site denial

Residents of Ipswich no longer have to fear the addition of more and more landfill sites, contributing to foul odours, after series of long-reserved appeal decisions were finally handed down.

The Ipswich City Council and more than 60 residents expressed their disapproval at the applications for four additional landfill sites in the region in 2021 and the legal proceedings have so far cost the council and ratepayers almost $7 million.

Three development applications for landfill sites- including two new sites and one extension to an existing site, were initially refused by council throughout 2019 and 2020, but the decision was taken to the environment and planning court in August 2021.

The applications related to three companies, Austin BMI Pty Ltd, Cleanaway Solid Waste Pty Ltd, and Lantrak Property Holdings

Ipswich Mayor and Chair of the Growth, Infrastructure and Waste Committee Teresa Harding said she was relieved the courts had dismissed the appeals, and thanked residents who fought alongside the council- some of whom were in attendance in court for the decision.

“Council has fought long and hard on behalf of the Ipswich community on this matter. And Ipswich residents have let their thoughts be known as well,” she said

After a lengthy 44 day hearing that saw evidence from over 40 technical experts, Judge Michael Williamson KC reached a decision, though that decision was reserved until last week.

The appeal decision was handed down and determined that the Lantrack and Cleanaway applications were refused and the appeals dismissed.

However, the Austin BMI application was approved subject to certain conditions and the appeal was allowed.

“All three applications were refused due to significant concerns regarding environmental and amenity impacts,” Mayor Harding said.

“Local residents have since endured odour and amenity impacts after the significant rainfall events in early 2022. It is extremely frustrating that the Ipswich community continues to suffer and council wastes millions of dollars fighting these matters in the court.”

The decision came just days after the Deputy Premier formally announced the refusal of the Wanless Recycling Park landfill application made in 2021.

The Wanless Recycling Park, is proposed resource and recovery centre in Ebenezer, on land immediately surrounding Willowbank and Queensland Raceways and Willowbank Motorcross.

The Ipswich City Council indicated at the time of the application that they were in support of the recycling and resource recovery components of the application but refused the landfill component.

Wanless Pty Ltd appealed the councils refusal in the Planning and Environment Court shortly afterwards.

“Council thoroughly assessed the Wanless proposal when it made its original decision in September 2021 to approve the resource recovery components of the original application, but to oppose the creation of yet another new landfill site for Ipswich,” Ms Harding said.

“We stood by that decision, and the State Government’s decision to refuse the landfill and void rehabilitation components of the development application vindicates that approach.”