Construction boss Len Buckeridge’s BGC has won a key development battle, achieving environmental approval for his proposed quarry expansion at The Lakes near York.
Construction boss Len Buckeridge’s BGC has won a key development battle, achieving environmental approval for his proposed quarry expansion at The Lakes near York.
Mr Buckeridge said the four-year fight for approval had cost him about $5 million and he vowed to pursue damages against those who he claims were “full of mischief” in their efforts to halt the project.
His main anger was directed at some of the quarry’s neighbours, who he claimed were “vexacious” in their dealings with the planning and environmental approvals process, causing the legal fight to end up in the Full Court of the WA Supreme Court.
It is understood this group initially stood against the project as individuals before the formation of the Lakes Action Group to oppose the quarry.
“They delayed us for four years, cost us $1 million in environmental impact statements and $4 million in income lost,” Mr Buckeridge said.
“We will be suing for recovery.”
The win by BGC is expected to clear the way for planning approval for the expansion, giving Mr Buckeridge victory in another of three major projects that stalled when Labor came to power in 2001.
The other two projects are a brickworks, which BGC has now sought to build on Commonwealth-owned land managed by the Westralian Airports Corporation, and the James Point port at Kwinana.
BGC lawyer Michael Hotchkin of Hotchkin Hanly Lawyers said the approval from Environment Minister Judy Edwards on the recommendation of the Environmental Protection Authority was the most important victory in the long-running battle.
Mr Hotchkin said legal action by opponents of the quarry expansion had resulted in decision by the Full Court of the WA Supreme Court that planning approval should be held up until environmental approval was granted.
He said that, under the Full Court decision, the State Administrative Appeals Tribunal could have blocked planning approval at any stage, if that had been its decision.
Mr Hotchkin confirmed that consultancy costs for the environmental approval process were between $800,000 and $1 million as BGC was forced to address “spurious” claims regarding the environmental risks associated with the project.
Ms Edwards said some conditions would apply to the new hard rock quarry expansion, including a restriction on operating hours, and measures to manage dust, noise and vibration, and staged development.
