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27 August, 2024

Depot dispute drags

A contentious development is continuing to drag through the courts, with Energex successfully applying to amend changes to a proposed Esk depot.


Perspective image of proposed development for new Energex depot.
Perspective image of proposed development for new Energex depot.

The Somerset Council last year refused a development application by Energex to build a multi-use depot consisting of a low impact industry, warehouse, and office space on residential land in Esk.

The purpose of the development was to replace the existing Esk depot, located only 500 metres down the road from the proposed site, with a new, fit for purpose facility, to accommodate field and administrative staff responsible for the operation and maintenance of the local distribution network.

In June 2023, Council refused the application on the basis that the development would conflict with the purpose of a residential zone, and due to concerns of adverse noise impacts.

Energex appealed the ruling to the Planning and Environment Court in July 2023.

They argued that the original application “will support the provision of an essential service to the community, including in times of emergency”, with its sole purpose being to serve the community.

The appeal also stated there were no readily available alternative sites in Esk located in the industrial zone, with the proposed development being able to be “designed, conditioned and operated to not result in any unreasonable adverse impacts”.

The court last week granted Energex permission to make changes to its proposed development to address the issue of noise impacts.

Somerset Mayor Jason Wendt said he was disappointed the matter was dragging on, as the development, in a suitable location, was important to the community.

“Council did not refuse this application lightly and fundamentally, this is still a proposed development for Low Impact Industry, Warehouse and Office on land zoned for residential growth in Esk, which is inconsistent with the intent in Council’s planning scheme,” Cr Wendt said.

“We have made it very clear, on numerous occasions, that Council has a desire to retain the Energex depot within the region, not only to maintain the presence of Energex to support emergency services during natural disasters, but also to avoid disrupting the families of workers who live here in Somerset.

“At our June 2023 meeting, Council agreed to engage with Energex to assist in establishing a viable alternative depot site in Somerset, however it appears Energex is disinterested in exploring other locations.”

Cr Wendt said it was important the community knows that there are submitters, who are also party to this appeal who “quite rightly” have an expectation regarding the use of land in their neighbourhood and who seek to protect their property from the effects of incompatible development.

Somerset Regional Council chief executive officer, Andrew Johnson, said the modified plans are proof that council’s concerns about the original proposal were legitimate.

“The court decision to allow Energex to amend the plans and submitted material vindicates some of council’s reasons for refusal ahead of the primary appeal now continuing,” he said.

“The appellant has taken 12 months to get to this stage and it is disappointing the appeal has dragged on for so long given council made the decision more than a year ago.”

The ongoing appeal in the Planning and Environmental Court will result in significant costs which will ultimately be a fi nancial burden to council and the community.

An Energex spokesperson said their local crews’ goal for the past 50 years “has been to ensure the people of Esk’s, and wider Brisbane Valley’s, electricity needs are met as quickly and safely as possible”.

“To continue this objective, we’re seeking to construct a new depot near our old one, which will allow our crews to rapidly respond to emergencies and won’t be affected by issues such as flooding,” they said.

“Through the recent minor change process, we have worked to address council’s noise and visual amenity concerns and we will continue working with them to ensure our crews can maintain the first-class service they’ve provided for more than half a century.”

Proposed development site on Highland Street.
Proposed development site on Highland Street.
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