ENERGEX has been granted permission to make changes to its proposed plans for the Esk Depot which continues to be the subject of an appeal in the Planning and Environment Court.

On 21 June 2023, Council considered, and refused, a development application to build a multi-use depot consisting of low impact industry, warehouse, and office space on residential land in Esk as it did not meet planning scheme requirements.

Somerset Regional Council Chief Executive Officer, Andrew Johnson, said the modified plans are proof that Council’s concerns about the original proposal were legitimate.

“On 22 August 2024, the Planning and Environment Court permitted Energex to change its proposed plans as part of the ongoing appeal as the original proposal did not sufficiently address the noise impacts from the proposed development,” Mr Johnson said. 

“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.

“The appellant has taken twelve 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.”

Somerset Mayor Jason Wendt said he too was most 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.

“It’s also important for the community to know that Council has been consistent with its advice regarding the proposed site, even dating back to early 2020 prior to Energex purchasing the site, that the location proposed was unsuitable,” Cr Wendt said.

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