Meander Valley Council: Department of State Growth to appeal Birralee Rd refusal

The mayor of a Tasmanian council that knocked back a Department of State Growth application to improve a road says council is likely to lose in the tribunal, but the “protest vote” is worth it.

The intersection of Birralee and Selbourne roads in the Meander Valley. Picture: Google Street View

The mayor of a northern Tasmanian council concedes it was “probably not” the best use of ratepayers’ cash to refuse a state government development application relating to road improvements, in light of a predictable appeal he says council will probably lose.

However, Wayne Johnston, mayor of Meander Valley, says the “protest vote” to shoot down the Department of State Growth’s DA for Birralee Rd upgrades between Selbourne and Frankford roads was worth it in order to send a message about what council felt was deficient consultation with affected landowners.

A department spokesman confirmed to the Mercury it has lodged an appeal with the Tasmanian Civil and Administrative Tribunal.

Meander Valley Council refused the DA at its November 14 ordinary meeting against the recommendation of its officers. Deputy Mayor Stephanie Cameron and Councillor Ben Dudman were the only two to vote in-line with the recommendation.

A total of 16 properties, many of them large grazing and agricultural blocks, would be affected by the DA, which relates to road widening, shoulder sealing and surface upgrades along the 10.5km stretch as part of the department’s Northern Roads Package.

Four private landholders submitted objections during the DAs exhibition period, while several also attended the ordinary meeting to voice their concerns.

Meander Valley Mayor Wayne Johnston in Deloraine. Saturday October 15th 2022. Picture: Grant Viney

Concerns raised include the devaluing of agricultural land due to more freight using the upgraded road, the effect on drainage, and spotty information on the proposed road boundaries.

Speaking to the Mercury, Mr Johnston said councillors felt the department and its planning consultant Pitt & Sherry “hadn’t listened to landowners” in the consultation stage.

“From some of us who are in the agriculture sector, we put ourselves in the shoes of landowners. We are not against the widening of the road or making the road better than what it is, we just felt they could have done a better job with consultation,” he said.

Regarding the looming TasCAT appeal, Mr Johnston said it was “totally expected that would happen”.

Tasmanian Civil and Administrative Tribunal. Picture: Chris Kidd

“Council will probably lose and be overruled, we’re aware of that, but it was more of a protest vote against the consultation. The department has to do better,” he said.

Asked whether a protest vote leading to a time-consuming tribunal hearing was the best use of ratepayer funds, Mr Johnston responded: “Probably not”.

“In the five years I’ve been mayor this is only about the third time I’ve voted against the planners’ recommendation. But we are elected representatives to represent residents and ratepayers,” he said.

“Hopefully the department will actually sit up and listen.”

Follow @humidityreport

The department spokesman said the upgrades were sorely needed.

“The project aims to make the road safer and more efficient for all road users and help meet current and future freight needs,” he said.

“The department has lodged an appeal with the Tasmanian Civil and Administrative Tribunal.”

Upgrades to the southern part of Birralee Rd, from Roxbury Ave, Westbury, to Brushy Rivulet, were subject to a separate DA, which has already been approved, with construction expected to commence in 2024.