Gold Coast residents split on Oxenford Quarry, planned protest at council meeting
Residents who fought to cull the lifespan of a quarry in Oxenford are split on whether it should be allowed to continue operating until the case hits the courts.
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RESIDENTS who fought to cull the lifespan of a quarry in Oxenford are split on whether it should be allowed to continue operating until the case hits the courts.
On the eve of Friday’s full council meeting, Residents Against the Oxenford Quarry leader Tony Potter sent an email to Mayor Tom Tate and city councillors asking for a rethink of council’s strategy.
However, Wildlife Queensland Gold Coast branch leader Sally Spain backed the quarry continuing under tougher operating conditions to ensure the legal case goes forward.
Residents are planning a protest outside the Evandale Chambers before the last full council meeting of the year starts at 10am on Friday.
On Wednesday, council’s planning committee backed a recommendation from area councillor William Owen-Jones for the quarry to continue for another two years, but under tougher conditions such as providing 24-hour warnings on blasting.
In November, council voted against approving a 100-year extension sought by Nucrush Pty Ltd. Cr Owen-Jones had said it was “totally unacceptable” that the quarry boundary could creep to just 200m from residential homes.
An appeal has been lodged with the Planning and Environmental Court. The legal bid is likely to take 24 months.
Nucrush Pty Ltd has requested extending the operating period of the existing quarry past February 15 next year to allow workers to continue in their jobs during the legal case.
In his email to Mr Tate, he wrote: “A more correct council response we believe would be, ‘sorry, the development application was refused, you have issued an appeal, the correct legal way forward we would think is to apply to the appeal judge for an interim extension whilst the appeal is heard’.
“It is not, however, a council ‘tick and flick’ ignoring the clear requirements of their letter stating a statutory approval was required.”
Mr Potter has asked why community consultation had not occurred and how this approval could be granted in just 11 days.
“We believe at this stage only a judge can lawfully extend the duration. If the judge decides to permit the continued operation of the quarry during the appeal process then so be it,” he wrote.
“A legal defensible decision has been made. But for council to continue, in what we see as an unlawful action is, we believe, totally unacceptable.”
Ms Spain said her group would provide expert witnesses for a court case.
She said the experts would focus on a connection to the national park, issues with dust and impact on the Coomera River.
“We are certainly happy with the process as it stands,” she said.
Ms Spain said the “sensible legal approach” was for the applicant to continue under the tougher conditions set by Mr Owen-Jones, who was “doing a fabulous job”, backed by Cr Peter Young.
How long Oxenford quarry will operate for revealed
December 1, 2021
The Oxenford quarry will continue operating for at least another two years but under tougher conditions.
Councillors at a planning committee meeting on Wednesday backed an officer’s recommendation that the quarry continue operating until at least 2024 while a court appeal is decided.
The Bulletin in an earlier report detailed how the operators, Nucrush Pty Ltd, through their lawyers had written to council requesting an extension after the quarry’s lease expires in February next year.
Nucrush has appealed a council decision to close the northern Gold Coast mining operation, and their lawyers advised the court process could take at least two years.
Area councillor William Owen-Jones added to the officer’s recommendation that Nucrush commence, in good faith, talks with the Department of Environment and Science “in relation to rehabilitation of the site”.
He also sought that the quarry be restricted to 13 blasts each year and give residents 24 hours notice. The works would be within the current quarry footprint.
The meeting was told the quarry only blasts about 13 times each year but residents often get only two to three hours notice.
“It would be nice to see that change introduced right now,” Cr Owen-Jones said.
The vote was unanimous. Committee chair Cameron Caldwell supported Cr Owen-Jones, saying the recommendation supported “fair play” while the legal dispute continued and guaranteed jobs to quarry families.
Connor O’Meara solicitors in a letter to city development branch agreed about the time frame of two years of legal proceedings estimated by city officers.
Nucrush employed 138 full time staff at the quarry and its concrete batching plants, lawyers wrote.
“The quarry, therefore, is essential to the ongoing operation of the Nucrush Business Group but also to other contractors and businesses more broadly throughout the Gold Coast,” lawyers wrote.
“The Nucrush Group business generates nearly $50 million of economic activity to the local economy.”
Councillors last month supported area Cr Owen-Jones, who said it was “totally unacceptable” that the quarry boundary could creep to just 200m from residential homes.
All councillors at a full council meeting on Friday will vote on the recommendations.
Officers believe it could take 12 months for the case to be heard in the court and another 12 months for a judgment to be handed down.
The Residents Against the Oxenford Quarry Expansion branded the council decision as an “absolute joke”.
“How can council believe this is acceptable to the community?,” the group posted on Facebook.
NOVEMBER 30: The Oxenford quarry is expected to continue operating until at least 2024, after the operators appealed a council decision to close the northern Gold Coast mining operation.
Residents who hoped the plant would close early next year are planning a protest outside the Evandale Chambers on Friday.
It will coincide with a planning committee meeting on Wednesday, in which councillors are expected to back advice from officers to allow a quarry extension until legal matters can be resolved.
Councillors last month supported area councillor William Owen-Jones, who said it was “totally unacceptable” that the quarry boundary could creep to just 200m from residential properties.
Council officers had recommended approving the 100-year extension sought by Nucrush Pty Ltd, and the move by councillors to oppose was expected to trigger an appeal.
A letter sent to officers from Connor O’Meara Solicitors informs the council that Nucrush Pty Ltd intends to file an appeal in the Planning and Environment Court.
The letter also requests the council extend the operating period of the existing quarry due to end on February 15 next year.
“City officers consider the request seeks a reasonable timeframe for the extension having regard to the likely time for the appeal being processed through the planning and environment court,” the council report said.
“City officers also consider withholding agreement in light of the expected appeal in the Planning and Environment Court would be unreasonable. It is recommended the operating period of the quarry be extended for two years until February 15, 2024.”
Officers believe it could take 12 months for the case to be heard in the court and another 12 months for a judgment to be handed down.
Mr Owen-Jones said he would continue to update residents on Facebook, but “please respect the fact that the Planning and Environment Court matter will now be dealt with through the legal process and not via social media”.
The Residents Against the Oxenford Quarry Expansion branded the council decision as an “absolute joke”.
“How can council believe this is acceptable to the community,” the group posted on Facebook.
However, one resident wrote it was a “reasonable course of action” given the appeal process could take two years and was not an “infinite cycle of two-year extensions”.
“Council needs to serve both resident as well as business – you’re not going to get your way all the time,” the resident wrote.
Council fears quarry refusal could ‘resurrect’ rival
NOVEMBER 5: Mayor Tom Tate fears refusal of the Oxenford quarry expansion could open the door for a fresh application from rivals Boral at Reedy Creek.
Councillors at a full council meeting on Tuesday deferred a decision on the Nucrush quarry application after getting legal advice in a closed session.
Area councillor William Owen-Jones was poised to put forward a recommendation to oppose the application.
Officers in a lengthy report have recommended part refusal and part approval and a residents group backed by 580 submitters remain opposed, leading to the strong chance the future of the development application will be fought out in the courts.
Outside the council chambers, Mayor Tate said the city was conducting “due diligence” to ensure any decision did not impact on any other quarry area.
Councillor Tate in 2014 was part of a unanimous vote to not approve the planned $2.2 million Boral quarry despite it leading to an appeal in the planning and environment court.
Cr Tate admitted he was concerned about “resurrecting Boral down south”.
Asked if Boral could make a new application based on the lack of quarry resources being developed in the city, the Mayor replied: “There’s several things. I’m not giving them any cards to play from me.
“I stand by my comment that Boral quarry is not welcome in this city while I’m Mayor of this city.”
Asked whether he supported Cr Owen-Jones, the Mayor said he had yet to make a decision on the Nucrush quarry.
“No, I’m with an open and persuadable mind as required by the Local Government Act. So during the debate I will absorb information,” he replied.
“Now at next council there will be additional information. But the decision we make has got to be the decision we can stick.”
Cr Tate acknowledged a decision to refuse the Oxenford would raise concerns about future court action.
“Absolutely, that Boral case was $5 million of ratepayers funds. We won, but still $5 million. But we would do that all over again because we gave our word at the election that we would fight,” he said.
“Unfortunately at the time both sides of State Government said they weren’t going to allow it. After the election it was crickets.”
Residents Against the Oxenford Quarry leader Tony Potter said councillors should make a decision.
“They have the facts. Council’s officer’s report is highly flawed. The DA is highly flawed,” he said.
Mr Potter said residents were more confident about councillors rejecting the application after they allowed area councillor Peter Young take part in the vote.
Cr Young has indicated he would support Cr Owen-Jones.
Councillors will next debate the quarry application on October 12.
EARLIER:
THE council has sensationally deferred the Oxenford quarry decision.
Mayor Tom Tate emerged from a closed session, where legal advice was given, and sought the deferral.
Councillor Tate was unanimously backed when he sought to move the matter to the October 12 meeting.
He said it would allow for “further consideration and review of the officer’s report”.
EARLIER:
MAYOR Tom Tate has asked for legal advice to determine if council can defend its decision on the Oxenford quarry expansion.
The officer recommendation is for part-approval part-refusal, essentially allowing the quarry to expand to stage five rather than stage nine in its future plans.
Area councillor William Owen-Jones has strongly argued at the planning committee for a refusal. This would stop the quarry operating from February next year.
Councillors are divided but Peter Young, who supports Cr Owen-Jones, will now be able to vote at full council.
Before debate started and motions were presented, Mayor Tom Tate asked about formal legal advice to council, seeking advice from the City Solicitor.
“Can you advise whether council has received formal legal advice on the officer’s recommendation, including council’s prospect of being able to defend any decision made today in the planning and environment court,” Cr Tate told the meeting.
“Whether this action be brought by the applicant or parties who have submitted against this application.”
The city solicitor recommended, on legal advice, to go into closed session. Councillors backed a motion by Cr Tate and went into closed from 11.20am.
EARLIER:
COUNCILLOR Peter Young has been allowed to vote on the Oxenford quarry, in a boost to those residents fighting expansion of the northern Gold Coast mining operation.
Cr Young at a planning committee meeting last week was not allowed to vote. He had indicated then he would support area councillor William Owen-Jones who spoke strongly against the quarry.
Councillors are divided and the vote is expected to be close.
At a full council meeting on Tuesday, during discussion of conflict of interests, Cr Young said he and his wife had owned a house for 27 years about 1.5km from the quarry. Some homes are as close as 700m from the site.
He said his family had never made a complaint against the quarry about blasting, and added that he had a “reasonable relationship with the operator”.
There was unanimous support in the chamber for Cr Young to stay for the debate later today.
About 30 residents staged a placard waving protest outside the chamber before the meeting started at 10am.
EARLIER:
COUNCILLORS on the eve of one of the city’s most important planning votes are divided on whether to extend the operation of the Oxenford quarry.
A bid by area councillor William Owen-Jones at a planning committee meeting last week to stop the quarry expansion led to a 3-3 deadlock. Planning chair Cameron Caldwell used his casting vote to support the development application.
Several council insiders believe Cr Owen-Jones, who read from three pages of speech notes outlining reasons to stop extending the quarry lease, will have the numbers at a full council meeting on Tuesday but it is likely to be close.
“It looks like he has his seven votes. He spoke very eloquently at committee. I think he’s found his feet (in building an argument against it),” a source said.
Cr Owen-Jones at committee was supported by Mark Hammel and Hermann Vorster. Peter Young also backed him but was not allowed to vote due to a perceived conflict of interest.
Cr Caldwell was supported by Pauline Young and Gail O’Neil. Brook Patterson, who could not vote at committee, indicated she supported the quarry’s development application.
Mayor Tom Tate and southern-based councillor Daphne McDonald emerge as the key players when full council votes.
Councillor Tate was part of a unanimous vote in 2014 to not approve the Boral quarry at Reedy Creek, despite it leading to an appeal in the planning and environment court.
After the Boral vote, the Mayor said: “At times we just have to stand up for our community, councillors. That’s what it is about.”
Cr McDonald was an outspoken critic of the $2.2 billion Boral quarry and its negative impact on the community.
After the 2014 unanimous vote by colleagues, she said: “This is an excellent outcome for the community out there. It was going to be the biggest quarry in Australia in a residential area. I understand it was going to be the second biggest in the world.”
After the court ruling in 2017 supported councillors, Cr Tate said: “The message to Boral is, you know, pack up, go home mate, we don’t want you. If you still want to hang around, you know, it’s not the Australian way, is it.”
Boral received 258 objections during its consultation, which compares to 580 for Nucrush wanting to extend and expand its Oxenford operation after its current lease ends in February next year.
But a council insider believes some councillors will fear rejection of the Oxenford quarry extension will see the State Government call-in the Reedy Creek operation to supply more materials for road upgrades.
Much of the debate on the planning item at the Evandale Chamber is expected to be in closed session where councillors can talk about potential court appeal costs.
Community Alliance leader John Hicks in the last of several emails to councillors asked them to “refuse the application in its entirety”.
“The community grew up around the Oxenford quarry because of the expectation that it would cease operations in 2022,’ Mr Hicks said.
“The planning decisions to allow urban development around this quarry are based on the court decision in 1992. It would be inconsistent to now approve the continuation and expansion of the quarry.”
He said council had “wisely” spent $1 million on a Planning and Environment Court action to successfully defending its refusal of the Boral Burleigh quarry expansion, which entailed many of the same resident concerns.
“For consistency, the Oxenford quarry application must also be refused,” Mr Hicks said.
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