LAWYERS could battle it out in the Victorian Civil and Administrative Tribunal next year as Innova Soil Technology fights to build an Altona North soil recycling plant without a council permit.
The Hobsons Bay Residents' Association has condemned plans to make Hobsons Bay the "toxic waste capital of Victoria".
Hobsons Bay Council believes a town planning permit is required to establish a soil remediation facility on the Dow Chemical site in Kororoit Creek Road.
The proposed plant could see contaminated dirt from industrial, manufacturing and chemical sites across the state transported to Hobsons Bay for treatment.
Innova's managing director, John Lucas, is arguing that the operation is defined as 'petrochemical' and, therefore, does not need a planning permit.
The council counter-argues the operation would be best defined as 'industry' - a land use requiring a permit.
Innova is now completing an Environment Protection Authority works approval application, a document required by state and local authorities.
"Our extensive legal advice is that only an EPA planning permit is required and a council planning permit is not required," Mr Lucas said. "We're awaiting a letter from council outlining its decision before we further discuss the situation with our legal advisers."
It is understood that Innova is prepared to take its fight to VCAT.
Mr Lucas said local environmentalists supported the proposal, a claim that was rejected at last week's council meeting.
Altona Ward councillor Tony Briffa told the chamber that Innova's claim was "codswallop". "They've obviously got a PR machine working for them now," he said.
"[Their letter to council claims] 'community, environmental groups and local business have generally responded very positively to the proposal' - what a load of codswallop."
Cr Briffa said if Innova was so confident about its proposal, it had no reason to avoid having council decide its planning application. "I call on Innova to conduct open community consultation as soon as possible, as they earlier promised in statements to the media.
"Innova's repeated claims that the community are largely in support of their proposed contaminated soil facility in Altona are misleading at best, but also perhaps deceptive."
Friends of Lower Kororoit Creek president Geoff Mitchelmore, formerly the chief chemist for Gas and Fuel Corporation of Victoria, said friends groups and residents vehemently opposed Innova's proposal.
"They're hiding behind VCAT," Mr Mitchelmore said. "They're gutless."
Innova has repeatedly cited "environmental evangelist" Western Region Environment Centre director Harry van Moorst as one of its main supporters.
Mr van Moorst, based in Werribee, said he supported the proposal from a technical point of view.
"My feeling is that, from a technical viewpoint, a safety viewpoint, the project seems to measure up in terms of safety.
"There are still local issues that need to be dealt with.
"Planning issues have to be determined by the people who live there and the local council.
"If the local community strongly opposes them being there for, say, more than five years, then any company should listen."
He said definitions of "industrial" and "petrochemical" were "legal niceties that VCAT will play with forever".
Innova spokesman Ken Davis, of Clifton Group Communications Strategists, told this newspaper two months ago that an interactive website would be launched ahead of a community forum in August.
Neither of these has eventuated.
Mr Davis last week said Innova would hold a community open day at the Dow site within a few weeks and would shortly establish an interactive consultative website.
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