A judge has tipped out the quarry complaints. (File)
A judge has tipped out the quarry complaints. (File) Pixabay/Dimitrisvetsikas

Quarry appeal gets crushed

ALLEGATIONS about a "misleading” application related to Peak Hill Quarry have been thrown out in a new judgment.

A company called Perivall Pty Ltd complained about Rockhampton Regional Council and quarry developers Vynque.

Vynque applied in 2015 to expand its operation almost 50 per cent, to 30.75ha.

The council approved the application in August last year.

Perivall filed an appeal about two months later against the approval for extractive industry use.

And in February this year, Perivall made claims to a court about alleged "deficiencies” with the application and public notification.

It was also alleged the development application for the Norman Gardens site had lapsed because it was not made properly.

Perivall later stepped back from claiming the application had lapsed, but still insisted it was not a properly made application.

Another allegation was that the development application was "misleading”.

So the Planning and Environment Court discussed issues including whether extractive industry use on the land was an "existing lawful use”.

Judge Nicole Kefford also examined the historical use of the land as a quarry.

Vynque said it had an existing lawful use right for extractive industry over part of the land in the local Extractive Industry Zone.

Judge Kefford examined whether the development application was properly made, and asked if the public notification was defective.

Perivall wanted the council's approval of the development to be set aside.

Perivall wanted the development application to then be returned to the council to "properly” follow the development application process.

But in the judgment delivered on Thursday, Judge Kefford said Perivall's allegations had "no proper foundation”.

Perivall's requests were denied. -NewsRegional