VCAT knocks back development near Hampton Park landfill due to odour and gas risks
A 41-house development near a notorious Hampton Park tip has been rejected by the state planning tribunal, which found the stench and toxic gas threats were too risky and neighbours already regularly complained.
South East
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The state planning authority has knocked back a Hampton Park housing development due to the stench and toxic gas risk posed by the notorious nearby tip.
The Victorian Civil and Administrative Tribunal (VCAT) backed Casey Council’s decision to veto a bid by DSL Securities Pty Ltd for 41 residential lots, ruling odours and landfill gas would pose risks to nearby neighbours.
Joint-tribunal members Peter Gaschk and Ian Potts said in their report the proposed development at 250 Hallam Rd posed risks which couldn’t be properly assessed or managed.
“The evidence supports the case that there will be a very high likelihood that the current and future landfill operations will emit offensive odours beyond its boundary and beyond the nominal 500m buffer distance,” the report says.
Tribunal members also stated existing residential areas around Hallam Landfill were impacted by odours that were strong and often enough to generate a constant stream of complaints.
“There is therefore no or very limited expectation that there will be a reduction in odour emissions until the final waste cell is capped.
“Under the present license and policy regimes this is not expected until Cell 16 is filled, estimated by EPA to be in some six to eight years from now.”
DSL Securities Pty Ltd representatives argued the risks of landfill gas migration could be addressed through “engineering and site management means to remove the migration pathway”.
They also said the impact from noise was to be addressed by an acoustic barrier and the migration of odour from the landfill would have to be managed by the landfill in compliance with regulatory obligations.
Casey Council statutory planning and building services acting manager Nick Moore said the decision by VCAT to refuse the application for residential subdivision reiterated the council’s concerns.
“It was determined that this development could experience adverse effects as a result of the odour from the nearby landfill, impacting the amenity of the proposed residential subdivision,” Mr Moore said
“In its decision, VCAT also recognised that landfill gas migration and associated risks could not be controlled until after landfill operations have ceased, and the proposed measures by the applicant to control landfill gas migration would’ve placed unreasonable burden and risk on future landowners.”
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The Environment Protection Authority, the Metropolitan Waste and Resource Recovery Group and Sustainability Victoria have also backed the council’s decision.
Landfill site neighbours have for years complained about the smell, dust and noise created by the tip.
In August the EPA said it was undertaking odour surveillance in Cranbourne North, Lynbrook and Hampton Park because of the tip.
In May the authority revealed it had discovered “issues” at the Hallam Rd site in contravention of the EPA licence and the following month the stench had gotten so bad the authority issued a “pollution alert”.
It’s not the first tip-related controversy to rock the City of Casey.
In 2011,Brookland Greens estate was evacuated amid fears of an explosion when it was discovered toxic methane gas had leached into homes near the tip site next door.
Casey Council was subsequently forced to pay millions of dollars in compensation to residents when property prices fell in the high-end estate near Amstel Golf course.