Redland City Council today granted Cleveland Power an 18 month extension to build a biomass power plant at Mt Cotton.
Council’s infrastructure spokesperson Cr Paul Gleeson said while Councillors recognised there was some opposition to the extension, today’s decision had been dictated by Case Law based on a previous Planning and Environment Court decision.
“In 2011 Council tried to refuse a request to extend the original development approval but the applicant immediately appealed the decision in the Planning and Environment Court and won,” he said.
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“This court decision creates what is known as Case Law, which essentially means if Council were to refuse the application this time the courts would in all probability reach the same outcome, with ratepayers to bear the court costs.
“While it is impossible to say for sure what it would cost us to defend an extension refusal in court the 2011 refusal cost more than $300,000.
“This money is better used in others ways to benefit the community.
“The extension request is so the applicant can have more time to finance the project and is consistent with the Sustainable Planning Act, so whether it is approved today or following a court challenge the outcome is the same.”
An officer’s report tabled in today’s General Meeting said Council’s 2011 refusal of Cleveland Power’s request for an extension was based on five key points, which were ultimately not accepted by the court.
“This included insufficient evidence of noise and air quality impacts, as well as a claim that new residents to the area were not given the opportunity to assess the original application,” Cr Gleeson said.
“The applicant responded to a number of these matters through a permissible change request, which was lodged and approved by the court, removing these as grounds for refusing the extension this time round.
“The 2013 court decision found that while new residents had moved into Mt Cotton since the original approval, the presence of new residents did not equate to new issues or reasons for the project not to go ahead.”
Cr Gleeson stressed today’s decision was in relation to the request for an extension and not the original application.
“The fact is this plant has already been approved by the Planning and Environment Court,” he said.
“There has been no change in the approved plans or conditions for the plant with the proponent arguing only that financial delays were behind the need for a further extension.
“The proposal for this green plant that turns a waste product into power has been heavily conditioned by the court.
“According to Cleveland Power the plant would generate enough power for 7,500 homes each year and reduce carbon emissions by up to 125,000 tonnes or the equivalent of taking 30,000 cars off the road per year.”
