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Waste to Energy Facility update

21 September 2020

Greater Dandenong Council has strongly opposed the issuing of a planning permit for a waste to energy facility to be built at 70 Ordish Rd, Dandenong South. 

Planning application (PLN19/0257): Opposed by Council and Appealed by the applicant to VCAT for the issuing of a Permit

  • On 15 September VCAT issued an Order approvingthe planning application, and in accordance with the instructions of VCAT, Council then issued the planning permit on 16 September.

  • The reasons given by VCAT for approving the permit revolved around it being considered to be appropriately located in the Industrial 2 Zone and considerable distance from sensitive uses, and that the EPA as the relevant authority for odour, noise, emissions etc. had no concerns with this element of the proposal.

  • Costs have been reserved, and each party has the right to apply for costs.

EPA Works Approval

VCAT have issued their Initiating Order, which set out the following dates:

  • 17 September – Council to provide the Tribunal with its contentions of fact or law (grounds of appeal)

  • 24 September – Practice Day for VCAT to consider grounds put forward

  • 22 October – Compulsory Conference to see if an ‘agreement can be reached on the proposal

  • 1, 2 & 3 February 2021 – Hearing

Council has engaged a barrister specialising in environmental matters, as well as a specialist firm that are providing Council with technical advice regarding air quality, noise and vibration impact, human health and environmental risk, and waste classification and handling fly ash.

Given the detailed and complex nature of this work, Council has requested an adjournment of the submission of the statement of contentions until 5 October. We are awaiting from VCAT the outcome of this request.

It may be that the applicant for the for the proposed waste to energy facility at 70 Ordish Road will seek to have the matter struck out by VCAT, in which case the matter does not proceed to a hearing.

Further status updates will be provided as information becomes available.

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