Mangrove Mountain landfill site: Council loses latest battle against site operators Verde Terra

The saga of the Mangrove Mountain landfill site has taken another turn with a court ruling not to dump the 2014 approval to expand the site.

Central Coast Council has lots its legal battle against the controversial Mangrove Mountain landfill site, however the issue is not likely to be dumped.

The controversial site has made headlines over the years, dubbed by locals as the “dump”, which was originally approved for the redevelopment of a golf course.

The Land and Environment Court has published its findings from the latest case between council and landfill site operator Verde Terra Pty Ltd.

Council was seeking for a court order in 2014 – which allowed the landfill site to expand and run for another 10 years – be overturned while Verde Terra was seeking the green light to construct and operate the Mangrove Mountain Landfill and Golf Course without any further approvals.

The court has ruled that Verde Terra Pty Ltd “may lawfully carry out the works ordered by the Court on 29 August 2014” without the need for further development consent.

The Mangrove Mountain landfill site, on Wisemans Ferry Road, has been a controversial issue for decades with the site originally approved for 80,000 cubic metres of clean fill to remodel Mangrove Mountain Golf Course.

Over the years that grew to an estimated 800,000 cubic metres sparking community outrage over the threat to the local water catchment.

The 2014 court ruling expanded the landfill limit to 1.3 million cubic metres and also allowed for the opening of a long-awaited new golf course.

The ongoing saga has been described as “complex” by the court.

The latest case was described by the court as a “long running and increasing complex dispute” with delays and ongoing interruptions since 2019.

The determination revealed council’s position that “this was not the end of the matter” and that while Verde Terra did not need consent for works approved in 2014, it would need to seek further approval for “the scope of the works presently envisaged by the VT parties … to operate a large regional waste disposal facility on the land separate from its use for the purpose of a golf course”.

Landfilling at the site began in 1998 when the former Gosford council issued a development consent for a minor redevelopment of the Mangrove Mountain Memorial Golf Course.

In 2001, the NSW Environmental Protection Authority (EPA) issued the site with an environmental protection licence.

The court did not overturn the 2014 decision for the expansion of the site.

The licence was varied on at least 13 occasions, despite complaints from the Mountain Districts Association that the site conflicted with NSW EPA’s solid waste landfill guidelines.

The site operated as a regional waste facility licensed to accept general solid waste (non-putrescible) until May 2014.

In 2017 an independent report into the landfill site by SLR Consulting Australia found no evidence it was affecting ground or surface water quality.

Central Coast Council made a brief statement after the latest court findings were handed down.

“Council notes the orders of the Land and Environment Court of New South Wales in the matter of Verde Terra v Central Coast Council,” the statement read.

“Council will consider its position following a detailed review of the published judgment.”

Verde Terra Pty Ltd has not made a statement, however both parties have until the end of April to review the decision and decide if an appeal will be lodged.