By Jeremy Sollars
The Southern Downs Regional Council has formally taken Allora’s GrainX to court over alleged non-compliance with operating conditions.
Documents filed with the Queensland Planning and Environment Court on Monday 25 September outline the council’s case, with the respondents listed as GrainX chief executive officer Chris Hood and manager David Brown.
As previously reported in the Free Times many Allora residents say GrainX has made life in ‘The Best Little Town on the Downs’ a living hell, with dust and noise from grain handling and trucks for some years.
The council’s solicitors – Brisbane firm Connor O’Meara – have outlined the list of breaches the council alleges GrainX has committed under Queensland’s Environmental Protection Act.
Specifically the council is seeking the Planning and Environment Court to issue GrainX with ‘restraint and enforcement orders’ relating to noise from “fixed and mobile plant and equipment”, and noise from “a package diesel generator unit” on the GrainX site.
The council also alleges GrainX does not have formal building approval for “the construction of four silos on the eastern boundary”, and has not provided “dense landscaping” on the eastern boundary – adjacent to Herbert Street residents, the closest in town – and “street trees”, as required by the company’s development approval.
The council has also asked the court to order that GrainX pay its court and investigation costs.
The court documents show that the council alleges noise monitoring carried out by consultants shows noise levels from GrainX cause “significant impact” on “surrounding lawful land uses” and have “exceeded criteria limits”.
“(Council’s) investigations demonstrate that the residential amenity enjoyed by residents in Herbert, Darling, South and Pratten streets – both internal and external to their homes – is significantly adversely impacted by noise generated (from the GrainX site”.
No specific reference is made to dust impacts or investigations.
GrainX is yet to formally lodge a court response.
