Sand mine fight back on as developer lodges appeal
THE fight is not over.
Less than a fortnight after a community celebrated the refusal of a 103-hectare sand mine proposal at Forest Glen the developers have signalled they have no intention of giving up.
Corrs Chambers Westgarth lawyers lodged an appeal to the Planning and Environment Court against the Sunshine Coast Council's rejection on behalf of Maroochydore Sands Pty Ltd on October 25, 12 days after the council voted 7-4 to refuse the application.
Council officers had recommended approval of mining operations allowing a maximum of 250,000 tonnes of material to be produced per year, however, the councillors voted to reject the proposal.
The council's decision notice cited concerns over visual amenity impacts, the impact of flooding on Eudlo Creek and a lack of certainty about final depths of the lakes and the potential for poor water quality within them.
The notice of appeal states the application should have been approved subject to reasonable condition for these reasons:
(a) The Application will not (or can be conditioned so that it will not) result in significant adverse visual amenity;
(b) The Application will not (or can be conditioned so that it will not) cause suspended solids in the waters from the extraction pits to have an adverse impact on the waters of Eudlo Creek;
(c) The Application will not (or can be conditioned so that it will not) result in poor water quality within the lakes in the post-extraction period as a consequence of stratification, turn-over, or weed or algal growth;
(d) The Application does not conflict with the applicable provisions of the Sunshine Coast Planning Scheme 2014. Alternatively, to the extent of any conflict with the Sunshine Coast Planning Scheme 2014, there are sufficient grounds to justify approval of the Application notwithstanding those conflicts.
Eudlo Creek Neighbours Inc and Stop the Maroochy Sand Mine Action Group spokesman Mike Perritt said the appeal had been anticipated and he expected hundreds of people would join the council as co-respondents.
"I would like to think the council would give this their every effort," he said.