A DEVELOPER who took Redland City Council to court over its opposition to a proposal to build a power plant at Mount Cotton has withdrawn from legal action.
It means the approvals for the plant have now lapsed and the developer must apply again if he wishes the project to proceed.
This would allow residents who opposed the development to lodge submissions against it.
Cleveland Power had proposed to build a power plant which was to be fired by chicken litter but the scheme was bitterly opposed by residents.
The original proposal – ticked off by a previous council – was about a decade old when in March last year, Cleveland Power sought to extend approvals.
Council voted against the move despite planning staff warning it would put council at risk of legal action.
Councillors believed the project – first proposed in 2004 and approved by the court in 2007 – had been so long in the pipeline that new residents in Redland Bay, Victoria Point, Thornlands and Mount Cotton would not reasonably understand what was involved.
Councillors also argued that the company had not honoured a project condition which was to maintain community consultation.
The move prompted a furious Cleveland Power director David Bray to describe councillors as inadequate in a statement headed “dumb and dumber”.
Mr Bray said the decision was stupid and would cost taxpayers hundreds of thousands in legal bills and delay a key power supply, 82 jobs and hold up a much-needed solution to the energy crisis.
Residents had fought the plant on issues, including emissions, odours and truck movements.
Mayor Karen Williams said today council had agreed to settle two court appeals.
She said Cleveland Power had court approval for development of the biomass power plant for nearly 11 years and this was due to expire in September, 2016.
“Prior to the expiry the developer had sought approval from council to extend the approval by a further 18 months,” she said.
“Council ... opposed the request in March 2017 and the developer appealed to the Planning and Environment Court,” Cr Williams said.
“In December 2017 the appeal was joined by an application to change the approval.
“Neither court proceedings had progressed very far when the developer sought agreement from council to settle both matters. Council has agreed and the proceedings will be discontinued by the developer.”
Divisional councillor Julie Talty said the original approval had dragged on and many new residents had not had a chance to make a submission.
It was proposed that the plant burn about 60,000 tonnes of litter a year, below the state-approved limit of more than 65,000 tonnes.
Mr Bray did not respond today for comment on the latest development.
