Council General Meeting on 22 March 2017 decided not to approve an application for a further extension to 20 July 2018. For details visit our meeting minutes and agenda page.
The following information provides a chronology of the decisions on the proposed Mt Cotton Biomass plant and links to supporting information. The approved development involves the operation of a power plant fuelled by chicken litter in Hillview Road, Mount Cotton.
Original application and appeal 2007
The original application was first lodged in 2004 and approved in 2007 but appealed by local residents.
The Court subsequently approved the plant with conditions in November 2007, including four years for construction start.
Application for extension and permissible change 2011-13
In 2011 Council refused an application from Cleveland Power to extend the approval period for the plant.
- Application for extension Court appeal - 2011
- Originating Court Application for permissible change - 2012
Cleveland Power appealed this decision and made a separate application to the Planning and Environment Court to allow changes to its original design.
During the appeal, a number of matters were addressed via a permissible change application lodged with the Court.
In the Courts hearing regarding the extension in 2013, Council brought to the Courts’ attention that there were new members in the Mt Cotton community and that it was likely there would be new submissions on the proposed plant.
The Court considered this but determined that:
- while submissions would be made they would not raise any new issues,
- there would be no utility in making the applicant lodge a new application, and
- approval was consistent with current laws and policies.
The permissible change was approved by the Court on 28 February 2013 and the extension to the relevant period was then approved on 20 March 2013.
Council decided not to oppose the extension and provided a Get the Facts information sheet to the community in March 2013 addressing a number of issues up to that time.
The Court’s judgments on these matters contribute to the case law that forms part of any further consideration and assessment advice provided by Council officers. Importantly the judgment considered the tests relevant when deciding whether an extension should be given. That judgment guides Council officer advice on any further extension requests as well as the consideration of concurrence agencies.
Applications for extension
Since that time the applicant has sought two further extensions.
An application for an 18 month extension through to September 2015 was approved on 19 May 2015 after Council considered the relevant tests and the reasons given by the Court in 2013.
The current September 2016 request seeks a further extension to 20 July 2018 will be brought to General Meeting of Council on 22 March.
Redland City Council
Court Information provides access to court documents by reference to file numbers. The links below also take you directly to the court’s file summaries on the Mt Cotton Biomass Plant.
- 2007 Submitter appeal by Bridge against Council File Number 1251/07
- Application for extension Court appeal - 2011 File number 5192/11
- Originating Court Application for permissible change - 2012 File Number 4856/12