General News
15 March, 2025
Dust complaint from petrol station building site
If you have travelled the road toward Dooen from Horsham in recent weeks you will have noticed the construction of the new 24-hour 7-Eleven Service Station.
However, the amount of dust caused during the installation of the underground petrol tanks has caused some issues with neighbours.
John McKee's property adjoins the building site and he has been affected by "significant dust pollution".
"I am raising awareness about significant dust pollution caused by a petrol tank installation at a site in Horsham, Victoria, managed by Barker Group," he said.
"Despite claims of dust control measures, I have experienced extensive dust accumulation on my property, leading to health issues such as headaches, itchy skin, and eye irritation, as well as limiting visitors due to asthma concerns."
Mr McKee's driveway adjoins the building site block and beige shade cloth has been attached to the fence between them on the building site side.
However, the shade cloth does not go the full length of the fencing and it is through this gap that Mr McKee said much of the dust has entered his property, swirling around his verandah and entering his home through windows and doors which he now has to keep closed at all times.
He said the dust has created a health hazard to him and other occupants of the home, and has also prevented friends from visiting due to their health conditions,
Mr McKee has detailed his concerns with the building company, the Barker Group, who offered an apology, and explained the preventative measures they undertook during the process to mitigate any pollution.
"Please accept my apologies for any inconvenience caused during the tank installation works, I know sometimes unfortunate instances occur," Mr Ben Van Nierop wrote.
"During the tank installation, we were required to backfill the area with a certain type of stone, this was the task that created some dust that unfortunately was unavoidable."
Mr Van Nierop said the Barker Group tarped stockpiled materials, installed shade cloth to fencing, used sprinklers to wet down the stockpile, and wet materials in transit.
He said the company also ceases work during high winds and minimises plant movement as part of its strategy to mitigate dust on its building sites.
"Barker Group always takes environmental matters seriously and will look to see if any additional strategies can be implemented to further mitigate dust suppression," he said.
However, he told Mr McKee, the Barker Group would not be liable for any compensation including medical, inconvenience, or professional cleaning.
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"Barker Group always takes environmental matters seriously and actively manages and reviews mitigation strategies for all construction projects that we undertake.
"We have liaised with [Horsham Rural City] Council and the EPA throughout the Horsham project and both authorities have been satisfied with our environmental management measures."
Mr McKee said he believed the issues he faced highlighted a bigger issue.
He said, the EPA Victoria's Guidance for Assessing Nuisance Dust outlines the necessity for developers to implement measures that eliminate or minimize dust emissions to protect public health and the environment and additionally, the Horsham Rural City Council's Community Local Law 2021 prohibits local nuisances, including dust, that unreasonably interfere with the enjoyment of neighbouring properties.
"Specifically, the law states that a person must not cause, allow, or suffer local nuisance, including dust, that unreasonably interferes with the enjoyment of neighbouring land," he said.
"I have reached out to both Barker Group and the EPA Victoria, seeking remediation and accountability for the health and environmental impacts, but the response has been insufficient.
"EPA has since contacted me and referred me to HRCC."
Mr McKee said he believed this situation highlighted a broader issue of environmental neglect and public health risk in construction activities.
VCAT overturned HRCC's decision to refuse a planning permit approval for the petrol station.
Horsham Rural City Council announced on October 30, 2023, its decision to refuse a planning permit for a petrol station on Dooen Road was overturned on appeal.
"The Victorian Civil and Administrative Tribunal announced its decision on Friday, allowing Spectrum Retail Group’s proposed 24-hour 7-Eleven service station to proceed on the corner of Baillie Street," a spokesperson for HRCC said.
"At a Meeting in May, Council refused the planning application, on the grounds it did not comply with the planning scheme provisions and would impact the adjoining land uses and traffic movement in the precinct.
"There were also 55 public objections to the proposal which cited traffic congestion concerns, 24-hour trade as well as the impact of noise, light, and odours.
"However, VCAT decided that a service station in a residential zone was appropriate, particularly where it had good access to the transport network and provided a benefit to the community.
"It also found the proposal would not significantly impact the current level of congestion and safety that prevailed on the surrounding road network and that the additional traffic movements onto the road network would most likely occur outside of the peak times when there is more than adequate capacity to accommodate additional vehicle movements."
HRCC acting chief executive Kevin O’Brien said, at the time, the council was disappointed with VCAT’s decision.
HRCC was contacted for comment about Mr McKee's complaint.
