Vista Estate Pty Ltd applies to have EPA Brown Hill pollution claim struck out, court orders changed

A prominent Ballarat developer has found itself in court fighting orders made in the wake of pollution allegations by the EPA.

Vista Estate has made an application to the Supreme Court in relation to EPA allegations of pollution from its Brown Hill estate. Photo: Vista Estate

The developer behind a residential estate on the outskirts of Ballarat has applied to strike out an EPA claim and alter court orders following allegations it polluted a river in Brown Hill.

In November 2022, Vista Estate Pty Ltd, owned by Gull and Company, was ordered by the Supreme Court to monitor stormwater and sediment discharge and do everything reasonably practicable to reduce the risk of pollution into the Yarrowee River from its 18ha housing estate on Hillview Rd.

On Friday, the court heard Vista Estate was granted a planning permit by the City of Ballarat in November 2020 for the four-stage 100-lot estate, with bulk earthworks completed in December 2021.

Ballarat experienced heavy rainfall in the early months of 2022 — “the wettest year on record” — during and after which the EPA alleged the pollution occurred.

The agency’s counsel, Dr Michelle Sharpe, said the clearing of vegetation and topsoil occurred without any appropriate measures in place to minimise environmental risk, particularly as the earthworks were done all at once rather than in stages in accordance with the directions of Cameron Gull.

Mr Gull is one of three directors of Vista Estate, along with Stewart and Alistair Gull.

Community witnesses reported the alleged sediment discharge, which Dr Sharpe said was due to stormwater washing over the cleared premises and flowing into the Yarrowee River.

She said Vista Estate started the works before the City of Ballarat had approved the relevant plans and could not be trusted given the history of the matter.

The location of Vista Estate in Brown Hill. Photo: Vista Estate

“Even after the commencement of proceedings, the conduct continued,” Dr Sharpe said.

Peter O’Farrell represented Vista Estate and Mr Gull in an application to have the EPA’s claim struck out and to change the interim orders already in place.

He said the EPA needed to properly identify and articulate its case in more detail and said there was “no ongoing issue” at the Brown Hill site, with stormwater management now “under control”.

Citing a nearby EPA monitoring station, Mr O’Farrell said: “If there was an issue, no doubt, in our submission, we would have heard about it.”

He argued it was unnecessary to apply court orders to Vista Estate when the City of Ballarat’s planning permit covered the relevant environmental requirements.

He said the delay caused by the proceedings had caused the company to lose $3.1m, as nine contracts out of 17 sold residential lots had been rescinded.

Justice Michelle Quigley said her preliminary view was that the arguments of Vista Estate and Mr Gull were “overly technical” and that she was “not in much doubt” about the allegations.

But she said it appeared the risk underpinning the interim orders “seems to have dissipated”.

“If it has no utility, I will consider whether or not it needs to remain,” Justice Quigley said.

The matter will continue at a later date.