By JOHN VAN KLAVEREN
NORTH Geelong residents plan to fight a legal opinion allowing chemical storage operations to resume on a site in Roseneath St.
The residents claim the site’s existing use rights were extinguished because of a two-year break in the use of the site for chemical storage and blending.
Residents’ spokesperson Anna Michalik said the nature of the area had changed significantly in the intervening two years.
“Since September 2011 the land has been vacant except for an existing decommissioned tank farm, with one tank already removed and some of the dilapidated infrastructure removed.”
Ms Michalik said the decision to allow chemical storage and mixing on the site flew in the face of council and State Government proposals to develop residential areas in the northern suburbs.
“We agree with the Planning Minister (Matthew Guy) that North Geelong must become more populated,” she said.
“So why would council allow for a dangerous, toxic goods store and blending industry a couple of kilometres from the CBD, alongside residential and light industrial businesses and the substantial new Geelong Golf Club residential redevelopment?”
Ms Michalik said the site should be remediated and turned into a multi-level car park for extra Melbourne commuters from North Geelong Railway Station and Arena patrons.
Residents believed the minister had the power to intervene because North Geelong could be classed as a growth area, she said.
Geelong MP Ian Trezise raised the issue in State Parliament last week, calling on Mr Guy to “urgently review laws relating to existing use rights”.
“Of grave concern to the residents is the fact that under the Planning and Environment Act the company has, according to council officers, the right to recommence operations without any form of approval due to the existing use rights clause in the act.
“It is my strong opinion and, I can assure the minister, the strong opinion of local residents that it is wrong that such a right exists.
“It is morally wrong that a blanket existing use right should enable closed down facilities such as the one in Roseneath St the automatic right to reopen as proposed with no questions asked.”
A spokesperson for Mr Guy said Mr Tresize raised reasonable concerns.
“However, it should be noted the minister is not the responsible planning authority for this site. That aside, the minister is happy to work with Geelong’s council and all involved parties to find a sensible outcome on this issue.”
