Adelaide Hills residents have lost a five-year campaign to prevent a proposed new service station, which is backed by one of SA's biggest companies.
PC Infrastructure, which is part of the Shahin family's Peregrine Corporation, has won a court case for approval to build an OTR at Heathfield, south of Stirling.
Adelaide Hills Council (AHC) had knocked back the proposal, which received 190 submissions — the highest in its history. Of those, just 12 supported the proposal.
AHC said it was seeking legal advice following a Environment, Resources and Development (ERD) Court ruling handed down last month, while locals told the ABC they want more control over the future of their small town.
Around 40 people gathered at a 'No OTR' rally at Heathfield on earlier this month. (ABC News: Jackson Stephens)
'We just don't want it'
With a population of roughly 1,000 and little trade, Heathfield's quiet charm is a drawcard for local Justin Gare who started the campaign against the proposed service station.
"An OTR just doesn't fit the character of the area, and people are very conscious of that," he said.
"That's the reason why we live here, because of the absence of commercial properties.
"There are five petrol stations in close proximity and they're in the commercial areas of Stirling, Crafers and Upper Sturt. We just don't want it."
Justin Gare has lived in the Adelaide Hills for more than 60 years. (ABC News: Jackson Stephens)
According to the ERD ruling, Peregrine purchased the site — a former mechanic's workshop, which sold limited fuel — in 2021 and lodged plans for the service station the following year.
AHC's assessment panel had determined the plans "to be seriously at variance" with the residential neighbourhood zoning.
The court ruling noted the panel's reasons included the extended operating hours, potential noise and light pollution, visual impact, and the location increasing the "crash risk" at the site.
It noted the zoning "encouraged [developments] to be small-scale".
Heathfield is next door to the commercial centre of Stirling. (ABC News: Jackson Stephens)
Small business owner Kelly Jacobs said she wanted Heathfield to stay "authentic and quaint".
"Once it's too far developed, there's no turning back and this once beautiful space is ruined forever,"
she said.
"Stirling, Crafers, Bridgewater, that's where you do development, not a semi-rural residential road with nothing around it except houses."
Kelly Jacobs is against an OTR service station being built at the old Heathfield Motors site. (ABC News: Jackson Stephens)
Council 'assessing options'
AHC mayor Nathan Daniell said he felt "deeply disappointed" by the ruling.
"Our community loves the natural and peaceful landscape in which we live," he said.
"We're not anti-development … but this sort of development belongs in more of an industrial and business area.
"At this point in time, we're assessing our options and we will await that final order before making any decision."
Mr Daniell could not confirm if council lodged an appeal during the window, 21 days from the ruling.
Nathan Daniell says the Adelaide Hills Council's original decision should have been upheld. (ABC News: Jackson Stephens)
'We'll earn trust': OTR
In a statement, Viva Energy, which runs OTR's day-to-day business, said it "recognises differing views within the Heathfield community" and "respects the right of residents to participate in the planning process".
"The development has been subject to extensive assessment through South Australia's planning system," a spokesperson said.
"Importantly, this proposal involves the reactivation and redevelopment of a former service station … our aim is to bring the convenience and quality of OTR to Heathfield in a way that respects the character of the area and meets all relevant planning, environmental and safety requirements.
"OTR already has strong connections across the Adelaide Hills through our employees, customers, existing network and our support for local community organisations.
"We understand community trust is earned through actions, not words. Our focus is on being a responsible neighbour and contributing positively to the community."
Latest architectural plans for the proposed build, which were rejected by Adelaide Hills Council. (Supplied: Adelaide Hills Council)
Court's role in spotlight
Mr Gare said he did not believe the court was best placed to make the final call.
"The council are the most familiar with the area," he said.
"So if you appeal, you take it to someone who doesn't have that local connection and doesn't have any skin in the game."
The proposal attracted 190 submissions to Adelaide Hills Council, the highest in its history. (ABC News: Jackson Stephens)
In a statement, Planning Minister Nick Champion defended the court's role.
"Keeping individual planning decisions with an independent court rather than with the government of the day is a protection for the community," he said.
"It means these decisions are made on the rules and the evidence, not on political pressure or who has the biggest crowd.
"Decisions on a proposal are made against those rules, not on the number of representations for or against it. This means every applicant and every objector abides by the same policies."
Nick Champion says the court's role keeps government at arm's length from interfering in planning decisions. (ABC News)
Greens MLC Melanie Selwood, a former Adelaide Hills councillor, said the issue attracted some of the highest community interest during her tenure.
"The community should be able to have a say in the planning laws, and it should take into account the social impact of a proposal, not just the bare bones of what the planning code allows," she said.
"We'd like to see more appeals from the community, not just have the council be the only people who can appeal this decision."
The parties are expected to return to court over coming months to discuss orders.
