A 50-YEAR-OLD Belmont business is counting the cost of suburban encroachment after being called to task by the Department of Environmental Protection for factory emissions affecting residents of a recent subdivision.
Furniture manufacturer Freiberg Australia has been told to modify equipment in response to at least one complaint from a resident of nearby Esther Street, a new street which resulted from a housing sub-division approved about four years ago.
The company is blaming the council for the problems arising from the housing development.
The residential expansion has occurred on land that was previously owned by former Belmont CEO Bruce Genoni’s wife, Jennifer, when its subdivision was undertaken.
That Esther Street subdivision was a subject of the recent Department of Local Government and Regional Development’s Inquiry into the City of Belmont.
Furniture manufacturer Freiberg Australia confirmed it was the subject of a complaint from a resident in the Esther Street subdivision that reached the DEP on October 6.
The DEP pollution response team and a City of Belmont environmental health officer investigated the complaint and served an environmental field notice on Freiberg, requiring it to make some minor modifications to its Cyclone dust extraction machine.
Freiberg general manager Bob Beaver said the company also voluntarily undertook to conduct further modifications to the Cyclone.
However, Mr Beaver said he would pass any further Cyclone modification costs on to the City of Belmont if further complaints were received from Esther Street residents.
“We’ve told council that we believe they should be responsible for any further improvements to the Cyclone resulting from complaints or environmental orders from the DEP,” he said.
The Inquiry into the City of Belmont, tabled in State Parliament last April, found that council had approved the 11-dwelling subdivision even though it had received legal advice from its solicitors, McLeod and Co, recommending against it.
Mr Genoni was CEO of the City of Belmont during the period the subdivision took place.
He denied that the city’s solicitors had raised any concerns about the subdivision being built alongside the factory.
The inquiry report revealed the council’s solicitors had been concerned about the potential for noise complaints given that some of the residences would be just metres away from the factory.
Acting council CEO Neil Hartley said he had no interest in “regurgitating” issues of several years ago. However, he said his understanding of the Esther Street subdivision was that everything had been done in accordance with the relevant town planning schemes.
“If the DEP requires someone to do something then they have to do it,” Mr Hartley said.
“In the matter of who is responsible for it, that is a matter for the legislation.
“The law is what will determine the ultimate outcome.”
According to the inquiry report, Mrs Genoni bought the 4,046 square metre block at 27 Esther Street, Rivervale, in 1995 for $280,000.
She sold the property, which had been subdivided into 11 lots for a total of $648,487.25, minus sales expenses in 2000.
In his submission to the inquiry Mr Genoni says the purchase price did not recognise the amount of stamp duty paid nor are subdivsion development costs of $110,000 and other holding costs, accounting costs and interest charges taken into account.
When contacted by WA Business News Mr Genoni referred WA Business News to the City of Belmont’s answers to the inquiry which are currently on its website at www.belmont.wa.gov.au