Hume council will proceed with its Supreme Court challenge to review a decision by Planning Minister Richard Wynne that will see testing and disposal of contaminated soil at a site in Bulla, despite a similar action levelled by Melton and Moorabool council having been dismissed.
In April, Hume councillors voted unanimously to launch the legal challenge, following Mr Wynne’s approval of Hi-Quality Group’s planning scheme amendment for the site on Sunbury Road.
The court action was filed following widespread community dissent of the potential impact the soil relocation project would have on the environment and traffic congestion in Bulla and surrounds.
The Hi-Quality site has since been chosen as the desired location for the soil relocation project, which will see three million tonnes of soil transported to Bulla as part of the West Gate Tunnel project.
Mr Wynne also approved of the use and development of the Melbourne Regional Landfill at Ravenhall and Maddingley Brown Coal near Bacchus Marsh, but these sites were not ultimately chosen.
In their Supreme Court challenge of this decision, Melton and Moorabool councils argued that Mr Wynne’s decisions were made by error of the law, citing the EPA’s decision late last year to revoke environment management plans for the sites. The plans were eventually approved earlier this year.
Mr Wynne had made decisions to amend planning schemes of both councils, to allow for the spoil management at either proposed site.
Supreme Court of Victoria Justice Melinda Richards said in her judgment that Mr Wynne’s decisions were not affected by jurisdictional error, or by error of law, and that his amendments to planning schemes of both councils were “valid”.
Hume council planning and development director Michael Sharp said the decision relating to Melton and Moorabool council’s Supreme Court challenge had no bearing on Hume’s individual court action.
“The grounds for Hume City Council’s proceedings against the minister for planning, with respect to his decision to allow the dumping of contaminated soil at the Hi Quality site in Bulla, are different to those of Melton and Moorabool councils,” Mr Sharp said.
Hume council’s trial is planned for February 4, 2022.
