The City of Bunbury has lost its near three-year-long battle requiring Geographe Sandblasting business owner David Evans to operate his business according to their terms.
Mr Evans was granted temporary approval by council to operate his business which involves spray painting and sandblasting activities on Palmer Crescent in Davenport in December 2015, subject to planning conditions.
Mr Evans fronted court on Friday where he successfully challenged these conditions which include the installation of a 1.8 meter high solid fence on the boundary of the property and to only operate until 1pm instead of 5pm on Saturday.
The City was represented by councillors Murray Cook and Brendan Kelly who both argued the installation of the solid fence and restricted operating hours on Saturdays would protect the amenity of the adjacent open space and nearby playground from potential “fugitive impacts” such as dust, odour and noise.
Mr Evans said council had wasted ratepayers money and his time by refusing him the amendments he sought which the council’s own officers had recommended for approval.
“You seem to be so fixated in your minds that there are problems when the evidence clearly shows there are none,” he told both councillors. “What about all the other properties next to me? Are you going to bring them all in? This is getting very pointed and I feel like I’m being singled out.”
Cr Cook told the court the business had commenced without council approval and, following temporary approval, had at times operated on Sunday.
“If the applicant does not wish to build a solid fence nor worry about restricted trading hours, then he is expected to move his business to a more suitable heavy industrial site that is buffered from sensitive land uses,” Cr Cook said.
Cr Kelly argued it was critical to retrofit and manage the historic industrial sites in the area and ensure safeguards were up to a contemporary standard to mitigate potential risks.
State Administrative Tribunal member Patric De Villiers found the City had no substantial evidence to back up their claims and the facility’s dust and air extraction systems complied with relevant statutory provisions.
Mr Evans’ current approval expires on March 31, 2018.
Ivy James
Journalist for Bunbury Mail, Australian Community Media and Fairfax Media
Journalist for Bunbury Mail, Australian Community Media and Fairfax Media
