Council approved a block of land on Harris Road next to Collier & Miller for a housing development in 2025. Photo: Oliver Jacques.
A housing project near the Griffith CBD is facing further delays and mounting costs to ratepayers, with the proponent warning “everyone loses out” as neighbouring businesses challenge an expert report on soil contamination.
Griffith City Council approved a development application in 2025 for 10 two-bedroom townhouses to be built at 10-12 Harris Road, near the Griffith League’s Club.
Farmer Lynda Franks said her project would provide much-needed affordable housing in a town grappling with a chronic rental shortage.
However, nearby businesses Collier & Miller and ICI Industries, which owns Irribiz, launched proceedings in the Land and Environment Court to challenge the approval.
Court documents obtained by Region show the applicants allege Griffith City Council failed to check the soil for contamination to ensure the land was safe for residential use.
Because the check is required under planning laws, the businesses claim the approval is “invalid”.
To address the issue, Ms Franks commissioned planning and engineering consultants Fyfe to conduct a comprehensive contamination assessment of the 10-12 Harris Road site.
Fyfe produced a 268-page report which concluded there was a low probability of contamination and that the site’s history and soil analytical results should not prevent redevelopment or require mandatory remediation before development.
However, at a court hearing on Friday (24 July) a lawyer for Collier & Miller and ICI Industries said his clients had concerns about the Fyfe report.
“Last Friday my clients received a further report in relation to contamination of the site. I had that report peer reviewed by my clients,” he said.
“The crux of it is that we believe the contamination reporting is nearly there, but not quite there.”
The peer review claimed further research and sampling was required to justify Fyfe’s conclusions.
Fyfe is preparing a supplementary report addressing the concerns.
“We got this report yesterday complaining about our report and it has to be addressed your honour,” Chris Gough, a lawyer representing Ms Franks, told the court.
“We do need four weeks … my contamination expert I spoke to last night said there’s a little bit of work to do.”
Collier & Miller also objected to the original proposal when it was before council, claiming a residential block clashed with the character of the street. Photo: Supplied.
A lawyer representing Griffith City Council was also present at Friday’s proceedings and agreed to the adjournment.
Ms Franks said Griffith was being disadvantaged by the continued delays to a much-needed affordable housing project approved by council last year.
“Everyone loses out of this. There’s no positive outcome. It’s just delaying much-needed affordable housing and costing ratepayers more,” she said.
“I remain determined to get this done.”
When the development application was originally considered by the council, Collier & Miller lodged a submission objecting to the project. The company stated it understood the need for more housing in Griffith but believed the development was in the “wrong location”. The longstanding business argued that tenants would be exposed to industrial noise, the residential development conflicted with the area’s industrial character, and traffic posed safety risks. There were also concerns the development could limit the future expansion of Collier & Miller.
Notably, these specific concerns regarding noise and traffic were not raised in the formal court challenge, which focused strictly on land quality.
The site of the proposed townhouses is zoned as mixed use, which allows for both residential and industrial development.
The matter will return to court on Friday 21 August.
Unfortunately, submissions close tomorrow but the consultation paper provides the proof of how much… View