Work has stopped at the site of a proposed AI data centre at Wesley Vale after Latrobe Council raised concerns that clearing work may have gone beyond what was approved.
The council issued a notice of intention to issue an enforcement notice to Firmus today over works at 174 and 226 Mill Road.
Speaking to Pulse, council CEO Jeff Morgan and a compliance officer also rang the proponent directly to ask that work stop while the matter is assessed.
The council said Firmus had agreed to the request.
Morgan said the company had been carrying out vegetation removal, mulching, weed control and dust suppression under an approved forest practices plan.
“However, what we’ve observed over the past couple of days is, um, a degree of, uh, excavation on site,” he told Pulse.
“We can see some blue metal … mounds of dirt on site. And we’re just questioning as to whether the extent of that work may be beyond the scope of the approved forest practices plan.”
Morgan said the concerns started with complaints from residents, who also sent in photographs of the site.
The notice gives Firmus a chance to explain whether the work fits within its permit.
Mayor Peter Freshney rejected any suggestion the council was trying to stall the project.
“We are absolutely committed to ensuring that the DA before us is assessed appropriately and by the appropriate authority.”
The council has asked the Planning Minister Kerry Vincent to declare the data centre a major project.
Freshney said the council had only received formal acknowledgement that the request was received.
It has not been told whether a decision has been made.
The council had hoped to determine the application at its October meeting, but Freshney said that now looked unlikely.
He said if the minister sends the application back to the council, it will push for extra powers under the state planning rules.
In a statement to Pulse, a state government spokesperson said the government is reviewing the council’s request.
“Upon receiving the proposal from Latrobe Council to declare the Wesley Vale Data Centre a major project, the minister wrote to the proponent pursuant to section 60I of the Land Use Planning and Approvals Act 1993 seeking further information to be provided within 90 days,” the spokesperson said.
“Once this information is received, the process to consider if this project is eligible for Major Projects status can continue.”
The council expects to finish its assessment of the site works next week.
Greens technology spokesperson Tabatha Badger said her party has heard from members of the community “concerned that Firmus had commenced works in Wesley Vale without proper approval”.
“Despite the lack of AI infrastructure guardrails, there are still laws in the state that must be complied with,” she said.
“If Firmus are indeed pushing ahead at Wesley Vale before having the right approvals, what else will they get up to?”
“Do Firmus think just because they sponsored the Tassie Devils they can get a free kick?”
“Good on the Latrobe Council for following proper process and intervening.”
Firmus was contacted for comment.
