PART 2
Reports of the Planning and Environment Committee Meeting
held at 7.30pm on Tuesday, 7 April 2009.
APOLOGIES
DECLARATIONS OF INTEREST
Pecuniary Interests
Non Pecuniary Interests
ITEM
TITLE
Part 1
1.
WASTE AND RECYCLING SERVICES
No reports this round
2.
ENVIRONMENTAL PLANNING
2.1
Proposed Amendments to the Suburb and Local Government Area
Boundaries within the Edmondson Park Urban Release Area Precinct
2.2
Council Membership of the Georges River Combined Councils' Committee
2.3
Milton Park Bush Regeneration
Part 2
3.
DEVELOPMENT SERVICES
3.1
Development Services Section Application Statistics - February 2009
3.2
Bunburry Curran Park Victoria Road Macquarie Fields
Skate Park Tennis Courts Parking and Public Amenities
3.3
No. 5/1 Swaffham Road, Minto - Use as a Glass Crushing and Recylcing
Facility
Construction of a
Part 3
3.4
No. 23 Blair Athol Drive, Blair Athol - Construction of a Child Care Centre
3.5
Major Project Application - Leafs Gully AGL Gas Turbine Power Station
(Application 08-0077)
Part 4
4.
COMPLIANCE SERVICES
4.1
Legal Status Report
4.2
Review of Council's Wastewater Management and Water Recycling Strategy
4.3
Establishment of Alcohol Free Zones
4.4
"Dob in a Dumper" Program
4.5
Management of Dogs in High Use Parks and Reserves
5.
GENERAL BUSINESS
10.
CONFIDENTIAL ITEMS
10.1
Confidential Information on Various Items on the P&E Agenda
10.2
Campbelltown City Section 94 Development Contributions Plan 2007
10.3
Bushland of the Cumberland Plain: Directions for Recovery Working Paper
Minutes of the Planning and Environment Committee held on 7 April 2009
Present
His Worship the Mayor, Councillor R Matheson
Councillor R Kolkman (Chairperson)
Councillor J Bourke
Councillor G Greiss
Councillor P Lake
Councillor M Oates
Councillor J Rowell
Councillor R Thompson
General Manager - Mr P Tosi
Director Planning and Environment - Mr J Lawrence
Acting Manager Development Services - Mr B Leo
Coordinator Environmental Planning - Ms R Winsor
Manager Operational Services - Mr K Lynch
Manager Property Services - Mr J Milicic
Manager Waste and Recycling Services - Mr P Macdonald
Corporate Support Coordinator - Mr T Rouen
Executive Assistant - Mrs C Wimmer
Also in Attendance
Acting Coordinator, Development Assessment Unit - Mr J Baldwin
Senior Development Planner - Mr C Hammersley
Senior Development Planner - Ms M Penna
DECLARATIONS OF INTEREST
Declarations of Interest was made in respect of the following item:
Non Pecuniary - Less than Significant Interests
Councillor Greiss - Item 4.1 - Planning and Environment Committee - Legal Status
Report, Pope Shenouda III Coptic Christian Centre - Councillor Greiss advised that
he attends the Church in question on average on a fortnightly basis. He is not on the
Board nor does he receive remuneration and he will stay in the Chamber and vote on
the matter.
Councillor Kolkman - Item 4.3 Planning and Environment Committee - Establishment
of Alcohol Free Zones - Councillor Kolkman advised that he is a resident of
Jacaranda Avenue however he will stay in the Chamber and vote on the matter.
Councillor Rowell - Item 4.3 Planning and Environment Committee - Establishment of
Alcohol Free Zones - Councillor Rowell advised that he is a resident of Jacaranda
Avenue however he will stay in the Chamber and vote on the matter.
3.
DEVELOPMENT SERVICES
3.1 Development Services
February 2009
Section
Application
Statistics
-
Reporting Officer
Acting Manager Development Services
Attachments
Development Services Section Application Statistics for February 2009 (distributed
under separate cover.
Purpose
To advise Council of the status of development applications and other key matters
within the Development Services Section.
Report
In accordance with Council's resolution that Councillors be provided with regular
information regarding the status of development applications, the attachment to this
report provides details of key statistics for February 2009 as they affect the
Development Services Section.
Officer's Recommendation
That the information be noted.
Committee’s Recommendation: (Oates/Thompson)
That the Officer's Recommendation be adopted.
CARRIED
Council Meeting 14 April 2009 (Kolkman/Lake)
That the Officer's Recommendation be adopted.
Council Resolution Minute Number 78
That the Officer's Recommendation be adopted.
3.2 Bunburry Curran Park Victoria Road Macquarie Fields
Construction of a Skate Park Tennis Courts Parking and
Public Amenities
Reporting Officer
Acting Manager Development Services
Attachments
1.
2.
3.
4.
5.
Recommended conditions of consent
Location plan
Site plan
Surface finishes plan (distributed under separate cover)
Aerial photograph
Purpose
The purpose of this report is to assist Council in its determination of the subject
development application in accordance with the provisions of the Environmental
Planning and Assessment Act 1979.
Property Description
Lot 22 DP 960 & Lot 201 DP 573904, Bunbury Curran
Park, Victoria Road, Macquarie Fields
Application No
2725/2008/DA-C
Applicant
Campbelltown City Council
Owner
Campbelltown City Council
Statutory Provisions
Campbelltown (Urban Area) Local Environmental Plan
2002
Campbelltown
2025
Looking
Forward
Campbelltown (Sustainable City) Development Control
Plan
2007
Development Control Plan No.52 - Off Street Car Parking
Date Received
3 November 2008
Report
Development consent is sought for the construction of a skate park, four tennis
courts, a 35 space public car park and public amenities at Lot 22 DP 960 & Lot 201
DP 573904, Bunbury Curran Park, Victoria Road, Macquarie Fields.
The Proposal
The proposal involves the construction of:
•
a car park with thirty five (35) car parking spaces with direct access to Victoria
Road including three (3) parking spaces for people with disabilities;
•
a 600 square metre skate park;
•
four (4) tennis courts, each with a synthetic grass surface and a three metre
high chain wire fencing surrounding each of the courts; and
•
an amenities building with one male and one female toilet, both of which are
designed and constructed to be fully accessible for people with disabilities. The
building also includes a small storage room for the benefit of the local tennis
club.
The proposed skate park, tennis courts, car parking and public amenities will all be
located on Lot 201 DP 573904 which is located on the north-eastern corner of
Canterbury Road and Victoria Road, Macquarie Fields. The public amenities building
is to be located between the skate park and the tennis courts.
The design and siting of the skate park and tennis courts is such that there are clear
sight lines to all areas of the facility providing valuable opportunities for passive
surveillance from Canterbury Road. All areas of the car park, skate park and tennis
courts will be adequately lit during operating hours in response to both the
operational and security needs of the facility. The proposal shows the facility being
open seven days a week with the hours of operation for the skate park between
7.00am and 10.00pm and the hours of operation for the tennis courts between
9.00am and 10.00pm. Fencing will be provided along Canterbury Road and a section
of Victoria Road to control the movement of pedestrians and users accessing the
site.
Landscaping of the site has been proposed in the form of trees, low level shrubs and
grassed areas. No trees currently exist within the area proposed for the skate park
and/or the tennis courts, however, there is a dense line of vegetation along the
watercourses located to the north and east of the site that (while not being
constructed directly over) may be affected due to works associated with the
construction of the facility.
The Site
The subject site is located on the north-eastern corner of Canterbury and Victoria
Roads, Macquarie Fields. The site has previously been the subject of controlled filling
works and as such, can be categorised as being highly disturbed and holds no
archaeological value. Because of the filling works, no trees exist within the areas
proposed for the construction of the various aspects of the facility.
The Bunbury Curran Creek exists to the north of the subject site providing a heavily
vegetated buffer and a distinct natural separation between the subject site and the
residential areas further to the north. Located on the opposite side of Canterbury
Road is the Macquarie Fields College of TAFE. The Glenquarie shopping precinct
exists to the South-West of the site. A section of the Macquarie Fields residential
area exists across Victoria Road to the south.
Assessment
The development has been assessed in accordance with the matters for
consideration under Section 79C of the Environmental Planning and Assessment Act
1979, and having regard to those matters, the following issues have been identified
for further consideration.
i.
Campbelltown 2025 - Looking Forward
‘Campbelltown 2025 Looking Forward’ is a vision statement of broad town planning
intent for the longer-term future of the City of Campbelltown. The document
establishes a set of strategic directions to guide decision making and development
outcomes. These directions are broad in nature and form a prelude to a new
statutory town plan (LEP) for the City.
The strategic directions relevant to this application are:
•
•
Building a distinctive Campbelltown sense of place, and
Building and maintaining quality public infrastructure.
The proposed development is generally consistent with these directions.
Some of the relevant desired outcomes included in Campbelltown 2025 include:
•
A sustainable system of local infrastructure that has the capacity and capability
to satisfy the demands of the existing and future community; and
•
Local infrastructure that is well utilised for positive community and/or
environmental gain.
The proposed development application has been assessed having regard to
Campbelltown 2025 Looking Forward. It is considered that the development
application is generally consistent with the Vision's desired outcomes having regard
to the provision of a facility that would be well utilised by community members and
would further satisfy the demands of the existing and future community.
ii.
Campbelltown (Urban Area) Local Environmental Plan 2002 (CLEP)
The subject site is zoned 6(a) Local Open Space zone under the provisions of
Campbelltown (Urban Area) Local Environmental Plan 2002 (CLEP 2002).
The objectives of the 6(a) Local Open Space zone, of relevance to the proposed
development are:
a)
To identify land which is owned, or proposed to be owned, by the
Council and to provide for the acquisition or dedication of this land for
open space or public recreational purposes, and
b)
To provide opportunities for recreation and the provision of community
facilities on publicly owned land.
A further objective of the zone is to encourage a high quality standard of
development which is aesthetically pleasing, functional and relates sympathetically to
nearby and adjoining development.
It is a requirement of CLEP that development must be consistent with at least one of
the zone objectives in order that Council can grant development consent. It is
considered that the development would provide recreational facilities for the
community on land owned by Council and would provide a development that is
functional and relates sympathetically to nearby and adjoining development.
Therefore, it is considered that the development is consistent with the relevant zone
objectives as required by CLEP.
The proposed development is defined as being a 'recreation area' and is permissible
with Council's development consent. The definition of a recreation area is as follows:
'Recreation area means:
(a)
a children's playground, or
(b)
an area used for sporting activities or sporting facilities, or
(c)
an area used to provide facilities for recreational activities which
promote the physical, cultural or intellectual welfare of persons within
the community, being facilities provided by:
(i)
the Council, or
(ii)
a body of persons associated together for the purpose of
promoting the physical, cultural or intellectual welfare of persons
within the community,
but does not include a racecourse or a showground.
Clause 42A - Bushfire Hazard
The subject site has been identified as being bushfire prone land. "Clause 42A Bushfire Hazard" sets out the requirements for land that is designated as being
bushfire prone land and states the following:
(1)
In considering whether to grant consent to any development on land
which, in the opinion of the consent authority, is likely to be affected by
bushfire, the consent authority must take into account whether:
(a)
the development is likely to have a significant adverse effect on
the implementation of any strategies for bushfire control and
fuel management adopted by the Council, and
(b)
a significant threat to the lives of residents, visitors or
emergency services personnel may be created or increased as
a result of the development or the access arrangements to and
from the development, and
(2)
(c)
the increased demand for emergency services during bushfire
events created by the development would lead to a significant
decrease in the ability of emergency services personnel to
effectively control major bushfires, and
(d)
the measures adopted to avoid or mitigate the threat from
bushfire, including siting of the development, design of
structures and materials used, clearing of vegetation, Inner
Protection Areas and Outer Protection Areas (within the
meaning of Planning for Bushfire Protection) and landscaping
and fire control aids such as roads and water supplies, are
inadequate for the locality or would result in an unacceptable
environmental impacts.
In considering the matters referred to in subclause (1), the consent
authority must have regard to and, as much as possible, be satisfied
that, the provisions of Planning for Bushfire Protection have been met.
The subject development proposal has not been identified as being a 'special fire
protection purpose' under Section 100B of the Rural Fires Act 1997 and as such is
not Integrated Development.
Consideration has been given to the effect that the proposed development may have
on the current Asset Protection Zones (APZ) for adjacent properties. In this regard, a
10.0m clear zone is proposed around the perimeter of the public amenities building
and no part of the proposed construction works affects or is within an APZ of the
adjacent residential areas. As it is considered that the proposal will have no impact
on the existing APZ’s of the surrounding properties, the RFS was not required to
comment on the proposal and as such, the proposal is considered satisfactory with
regards to the Planning for Bushfire Protection Guidelines.
iii.
Campbelltown (Sustainable City) Development Control Plan 2007
Campbelltown (Sustainable City) Development Control Plan (SCDCP) applies to the
subject land. The aims of the SCDCP are as follows:
•
Ensure that the aims and objectives of any relevant EPI including
Campbelltown's LEPs and IDOs are complemented by the Plan;
•
Ensure that the principles of ecological sustainability are incorporated into
the design, construction and ongoing operation of development;
•
Facilitate innovative development of high quality design and construction in
the City of Campbelltown;
•
Ensure that new development maintains or enhances the character and
quality of the natural and built environment;
•
Ensure that new development takes place on land that is capable of
supporting development;
•
Encourage the creation of safe, secure and liveable environments;
•
Ensure that new development minimises the consumption of energy and
other finite resources, to conserve environmental assets and to reduce
greenhouse gas emissions; and
•
Provide for a variety of housing choices within the City of Campbelltown.
It is considered that the development is generally consistent with several of the
relevant aims of the SCDCP in that the subject site proposed would support the
proposed development and would further enhance the character and quality of the
surrounding environment.
Part 2 - Controls Applying to all Development
Views and Vistas – The visual impact of the development would be generally limited
to the immediate vicinity of the site due to the proposal only involving the construction
of one building, being the public amenities. As detailed previously, the building is
located toward the centre of the site, between the skate park and tennis courts and is
of a relatively small scale with respect to the rest of the facility. All other aspects of
the development are either flat, recessive (chain-wire fence around tennis courts) or
landscaped. As such, it is considered that the proposed development would not
adversely impact upon the views and vistas to and/or from the site.
Landscaping – As part of the development of the land, the site is proposed to be
landscaped. The selected plant types will incorporate a range of indigenous species
to provide visual continuity and connectivity with the surrounding landscape and
vegetation and to reduce the impact of the facilities on the local streetscape.
Waste Management - a Waste Management Plan for the development has been
submitted and is considered satisfactory.
Indigenous Heritage - The Bunbury Curran Park Plan of Management identifies the
subject site as one that has the potential of being within an archaeologically sensitive
area. As such and in accordance with the requirements of the Plan of Management,
onsite consultation with a representative of the local Aboriginal Groups was held with
Council staff to discuss the likelihood of the site to be one of archaeological
significance or sensitivity.
However, as the site is highly disturbed (through previous filling activities) it was
quickly established by the Aboriginal representative that the site held no
archaeological or spiritual significance and as such, there would be no need to
undertake a detailed Aboriginal Heritage Survey on the site. Despite this, it was
noted by the Aboriginal representative that the tree line to the north of the site (and in
particular three large Eucalyptus trees) could have some remaining significance in
that it may define a boundary between the mainly undisturbed lands within the
Bunbury Curran Creek and lands that have been disturbed as a result of European
settlement.
In consideration of the thoughts of the Aboriginal representative, it is recommended
that a condition of consent be included to ensure the protection of the northern tree
line and that all design, structures or works undertaken as part of the development
are not to be carried out in a way that will be detrimental to the continued longevity of
the northern tree line and in particular the three large Eucalyptus trees.
Otherwise, there is no requirement or need for the applicant to undertake any further
studies or consultation with the local Aboriginal groups.
Section 5.4 - Car Parking
Table 5.4.1 of the SCDCP states the car parking rates for specific types of
development. The SCDCP prescribes the following standards as relevant to the
subject application:
Squash, Bowling and tennis developments: 3 car parking spaces per alley or
court
Recreational Facilities: one space per 50 square metres of site area
Based on the above criteria, the SCDCP requires 12 car parking spaces for the skate
park and 12 car parking spaces for the tennis courts requiring a total of 24 car
parking spaces to be provided. With regard to the subject proposal, thirty five (35) car
parking spaces are proposed and as such the development complies with the
requirements of the SCDCP.
iv.
Development Control Plan No.52 - Off Street Car Parking
Development Control Plan No.52 - Off Street Car Parking (DCP 52) aims to ensure
that the provision of off-street car parking facilities satisfies the parking requirements
generated by the development, as well as to provide guidelines for the design and
layout of car parking areas.
The development application has been assessed having regard to the relevant
numerical standards within DCP 52.
The DCP prescribes the following standards as relevant to the subject application:
Squash, Bowling and tennis developments: 3 car parking spaces per alley or
court.
Based on the above criteria, the DCP requires that 12 car parking spaces be
provided for the four tennis courts on site whilst the DCP is silent on the number of
car parking spaces required for the skate park. Thirty five (35) car parking spaces
have been provided on site which is in excess of the requirement for the tennis courts
and is considered to be a sufficient amount to cater for both uses. Furthermore, it is
envisaged that most patrons of the skate park will travel to the facility by means other
than a car, and as such will not need to rely upon the availability of an onsite parking
space.
v.
Bunbury Curran Park Plan of Management
In July 2007, Council adopted a Plan of Management (POM) for the Bunbury Curran
Park. The POM designates an area of open space near the corner of Canterbury and
Victoria Roads as being the most suitable site for the provision of a Skate Park
facility in the northern section of the Campbelltown Local Government Area (LGA).
Section 363A(b) of the Local Government Act 1993 requires that specific Plans of
Management must:
"Specify the purposes for which any further development of the land will be
permitted, whether under lease or licence or otherwise"; and
"Describe the scale and intensity of any such permitted use or development".
To comply with this requirement, the POM permits the use of the corner site for a
Skate Park and any associated facilities subject to the completion of design plans,
the subsequent public consultation process, and the approval of the facility by
Council. It also requires that the core objectives of the adjoining land, recommended
to be categorised as "natural area", are not compromised as a result of the
construction of the Skate Park facility.
In this regard, the limits of the proposed development site are mostly restricted to the
highly disturbed area of the cleared portion of the site. Other than for the introduction
of a drainage line into the embankment of the creek tributary to the east, the proposal
should not compromise the core objectives of the adjoining natural area.
vi.
Community Resources and Development
The application was referred to Council's Community Resources and Development
Section for comment. No issues were raised concerning accessibility of the site
however issues relating to the proposed landscaping and the external finishes of the
public amenities were raised.
To enhance passive surveillance of the skate park and the public amenities, it is
recommended that a condition of consent be included requiring that all open area
landscaping incorporate low height species and/or be separated by a distance such
that the vegetation will not obstruct views to any part of the site. In addition to this,
the condition could be expanded to require the provision of taller, hedging style plant
species along the external walls of the amenities building. The inclusion of such a
condition would ensure the construction of an open style site and would result in an
area/facility that provides improved levels of passive surveillance and reduced
opportunities for vandals to partake in anti-social activities such as graffiti attack or
similar.
Further to the above, it is also recommended that a condition of consent be included
that requires that both the external and internal surfaces of the public amenities to be
constructed in graffiti resistant finishes/colours/materials.
vii.
Water Management (General) Regulation 2004
The proposed development is located within 40 metres of a watercourse. In
accordance with Section 91 of the Environmental Planning and Assessment Act
1979, where a development is proposed within 40m of a watercourse, a Controlled
Activity Approval for the works is to be obtained from the Department of Water and
Energy (DWE). However, pursuant to Section 39A of the Water Management
(General) Regulation 2004, a public authority such as Council is exempt from the
need to obtain a Controlled Activity Approval and is not required to make an
application for the same to DWE.
Public Participation
The Development Application was publicly exhibited in the local paper as well as
notifying adjoining and nearby property owners in accordance with the requirements
of Campbelltown Development Control Plan No.87 - Public Notification and Public
Exhibition Policy between 25 November 2008 and 8 December 2008. Council
received four submissions objecting to the proposal as a result of the exhibition.
On 31 March 2008, Council received a further six submissions and a petition
objecting to the proposed development
Following is a summary of the objectors’ issues and responses to the concerns
raised:
Noise
Concerns were raised with regard the potential for noise impacts arising from the use
of the skate park.
Comment – To minimise the potential for noise impacts on the surrounding
residential communities, the skate park has been located towards the north-west
portion of the site which is the area of the site that is the furthest away from the
closest residential premises. In this case, the closest residential premises to the
skate park are located south of Victoria Road and in excess of 75m away from the
skate park. It is also considered that when compared against the existing background
traffic noise generated along Canterbury and Victoria Roads, the perception of skate
park noise on areas to the south of the facility would be further reduced.
Despite the above, it may be appropriate for Council to continue to monitor the
perception or actual impact of noise post construction and where it is identified that
additional measures could be incorporated to reduce unforseen noise impacts
generated by the skate park, that those measures be tabled and considered at a
future time. In this regard, it is noted that in conjunction with the upgrading of the
Macquarie Fields public housing areas, Housing NSW (HNSW) has had preliminary
discussions with Council tabling its wishes to embellish the south-eastern corner of
Victoria and Canterbury Roads. Preliminary discussions held with HNSW included
opportunities to landscape the south-eastern corner.
With regard to the residential areas to the east of the site, the closest residential
premises to the proposed skate park are approximately 105m away when measured
in a direct line. As an added benefit for noise reduction, there exists a heavily treed
and vegetated creek area between the proposed facility and the residential area to
the east. When considering the added benefit of distance, this treed area will provide
an effective sound buffer and should provide satisfactory noise protection in most
cases.
Following the above, due to the mix of existing background levels generated by the
surrounding road network and the existence of the naturally occurring noise buffers
of both distance and vegetation, and when considering the combined effect of all
local noise generators, it is unlikely that there would be an unreasonable increase to
the existing noise levels perceived at the two residential receptors and as such
should not adversely impact upon the amenity of the local area.
Anti-social behaviour
Concerns were raised with regard to the potential for vandalism and other anti-social
activities at the site as a result of the construction of the skate park.
Comment – It is recommended that a condition of consent be included that ensures
the proposed facility is designed in a way that protects and reinforces opportunities
for passive surveillance of the facility. In this regard, excellent opportunities for
continual passive surveillance of all areas of the facility already exist from both
Victoria and Canterbury Roads. In addition to the excellent opportunities for
surveillance from the surrounding road network, the use of plant species that have
low mature growth heights will further ensure the protection of surveillance lines from
the surrounding road network and further reduce the potential for opportunistic
vandalism.
In addition to the above, to reduce the potential for opportunistic property or personal
attacks and to reduce the incentive for perpetrators of anti-social behaviour to
congregate within the grounds of the facility, it is recommended that a condition of
consent be included that requires measures to prevent the creation of concealed
areas (including due regard to be given to the mature growth dimensions of plant
species), and to ensure all areas of the site are highly visible from outside of the site
and are provided with adequate and useful levels of passive surveillance at all times.
With respect to the amenities block, as well as locking the amenities outside of
operational hours, it is recommended that all exposed surfaces (including face bricks,
doors, etc) be designed and constructed in a way or of a material type that is graffiti
resistant or protected with a graffiti resistant coating. It is further recommended that
(except for doorways or openings) plant species of a taller hedging type be used
around the perimeter wall of the amenities block to reduce the incentive for
opportunistic graffiti vandalism on the external walls of the building.
Finally, when considering both the existing surveillance opportunities and the other
crime prevention features to be incorporated in the proposal, it is not envisaged that
the proposed development will result in an increase in vandalism and/or anti-social
behaviour for the area.
Pedestrian Traffic
Concerns were raised regarding pedestrian safety around the site given the busy
nature of the adjacent roads.
Comment – The applicant proposes to install a pedestrian fence for the length of its
boundary with Canterbury Road and for a portion of Victoria Road as a method to
specifically control the movements of people to/from the site and at the intersection of
the two roads. A pedestrian crossing has been provided on Victoria Road, just before
the entry to the proposed car park. Through the strategic location of the fence,
people will be channelled directly to the crossing point if they wish to cross Victoria
Road. The pedestrian fencing would be an open style fencing type to ensure that
clear sight lines to the skate park and tennis courts are fully maintained and that sight
lines for vehicles approaching the intersection are not impeded.
Illumination from Lights
Concerns were raised regarding the implications of the use of floodlights for the
development.
Comment – The lights that are proposed for the tennis courts will be located and
designed so as to project light onto the court areas only. These lights would be
switched off after operating hours (from 10pm onwards). There is also separate
lighting proposed for the skate park area. These lights will be oriented to ensure
drivers travelling within the local road network are not adversely affected by way of
glare or light spillage. These lights would also be switched off after operating hours
(from 10pm onwards). It is recommended that a condition of consent be included that
requires (despite any approved design) the operator of the facility to monitor and
adjust the lighting as the case may arise.
In addition, there is a densely vegetated area (watercourse) located between the
tennis courts and the residential properties fronting Mary Road. The vegetation in this
area is quite mature and would act as a diffuser of any light spilling from the lights.
The vegetation/trees found within the adjacent watercourse would be of a height
similar to and/or exceeding the height of the light poles for the tennis courts further
reducing any perceived impact from the lighting of the facility.
Conclusion
The proposed development is for the construction of a skate park, tennis courts, car
parking and public amenities at Bunbury Curran Park, Macquarie Fields. The
proposed development is in keeping with the existing and future desired streetscape
amenity.
The proposed development is a permissible use under the provisions of CLEP and
complies with the objectives and development standards contained with DCP 52. It is
not considered that the development would have a significant impact upon the
amenity of the locality.
Having regard to the matters for consideration under Section 79C of the
Environmental Planning and Assessment Act 1979 and the issues discussed in this
report, it is recommended that the proposed development be approved subject to
conditions.
Officer's Recommendation
That development application 2725/2008/DA-C for the construction of a skate park,
tennis courts, car parking and public amenities at lot 22 DP 960 & Lot 201 DP
573904, Bunbury Curran Park, Macquarie Fields be approved subject to the
conditions listed in Attachment 1.
Committee Note: Ms R Taylor, Ms S Collins, Mr A Rose and Mr J Brookshaw
addressed the Committee in opposition to the application.
Committee’s Recommendation: (Lake/Oates)
That the Officer's Recommendation be adopted.
CARRIED
Voting for the Committee's Recommendation were: Councillors Bourke, Greiss,
Kolkman, Lake, Matheson, Oates and Rowell.
Voting against the Committee's Recommendation was Councillor Thompson.
Council Meeting 14 April 2009 (Kolkman/Lake)
That the Officer's Recommendation be adopted.
Addendum (Glynn/Borg)
2.
That assuming the trial of Closed Circuit TV at Leumeah skate park is
successful that CCTV be installed during the construction of the Macquarie
Fields skate park.
WON and became part of the Motion.
Council Resolution Minute Number 80
That the Officer's Recommendation incorporating the above Addendum be adopted.
Voting for the Council Resolution: Councillors Borg, Bourke, Chanthivong, Dobson,
Glynn, Greiss, Hawker, Kolkman, Lake, Matheson, Rowell, Rule and Thomas.
Voting against the Council Resolution: Councillor Oates and Thompson.
ATTACHMENT 1
Recommended Conditions of Consent
GENERAL CONDITIONS
The following conditions have been applied to ensure that the use of the land and/or
building is carried out in such a manner that is consistent with the aims and
objectives of the planning instrument affecting the land.
For the purpose of these conditions, the term ‘applicant’ means any person who has
the authority to act on or benefit of the development consent.
1.
Approved Development
The development shall take place in accordance with the approved
development plans containing Council’s approved development stamp and all
associated documentation submitted with the application, except as modified in
red by Council and/or any conditions of this consent.
2.
Building Code of Australia
All building work must be carried out in accordance with the provisions of the
Building Code of Australia. In this clause, a reference to the Building Code of
Australia is a reference to that Code as in force on the date the application for
the relevant construction certificate is made.
3.
Landscaping
The provision and maintenance of landscaping shall be in accordance with the
approved landscape plan containing Council’s approved development stamp
including the engagement of a suitably qualified landscape consultant/
contractor for landscaping works. The landscape design shall incorporate a
significant portion of native, low water demand plants.
All selected vegetation is to be of a low mature height and/or separated at a
distance such that clear and unobstructed sight lines across the whole of the
site are maintained when viewed from Canterbury and Victoria Roads. All
vegetation is to be selected and placed so as not to create concealed areas.
Planting to the perimeter of the amenities building shall be of a type that
restricts direct access to the external faces of the building wall and reduces the
potential for opportunistic graffiti attack or vandalism.
4.
Tree Line Preservation
All designs and construction works are to be carried out and completed in a
way that does not place in jeopardy or affect the longevity of the existing trees
with the tree line surrounding the properties subject of this consent. In this
regard, no major earth works are to be undertaken within the drip line of the
tree canopies along the northern and eastern sides of the site.
5.
External Finishes
The external finishes and colours of the public amenities building are to be dark
in colour and of a surface type that resistant to graffiti attack and as further
submitted with this application. Any proposed alterations to these finishes are
considered to be a modification to the development consent and require
separate approval by Council.
6.
Driveway
The gradients of driveways and manoeuvring areas shall be designed in
accordance with Australian Standard AS 2890.1 and AS 2890.2 (as amended).
A non-slip finish shall be applied to all surfaces within a public area.
7.
Advertising Signs – Separate DA Required
This consent does not permit the erection or display of any advertising signs.
Most advertising signs or structures require development consent. You should
make separate enquiries with Council prior to erecting or displaying any
advertising or signage.
8.
Lighting
Illumination of the site is to be arranged so as to provide an appropriate level of
lighting for the subject facility and in accordance with the requirements of
Australian Standard 4282 (as amended). Lighting shall not to impact upon the
amenity of the occupants of adjoining and nearby residential premises or traffic.
9.
Security Fencing
All security fencing shall be a maximum of 1.2 metres in height and be of a
decorative and open style to ensure clear sight lines are maintained across the
site when viewed from outside of the facility. No barbed wire or colourbond
style metal panel fencing is to be erected in a location that can be seen from a
public place. The fence is to be finished in a dark, recessive colour.
10.
Graffiti Removal
In accordance with the environmental maintenance objectives of 'Crime
Prevention Through Environmental Design', the owner/lessee of the building
shall be responsible for the removal of any graffiti which appears on the
buildings, fences, signs and other surfaces of the property within 48 hours of its
application.
In this regard the amenities building shall be designed and constructed with
materials that are resistant to graffiti and vandal attack.
11.
Engineering Design Works
The design of all engineering works shall be carried out in accordance with the
requirements set out in the Campbelltown (Sustainable City) DCP 2007
Volume 2. In this regard the minimum fill level across lot 201 DP 573904 is to
be set at 15.50m AHD (noting the current fill level is at approx. 16.10 m AHD refer plan No. 72005-DA03) and the design shall also make provision for
flooding from a 100yr ARI flood due to overland flows traversing the property
along the sites western boundary. Council's records indicate that two pipes
discharge into the site from Canterbury Road and as such, all waters
discharged from these pipes are to be considered with any drainage design for
the facility.
12.
Car Parking Spaces
Thirty-five (35) car parking spaces shall be designed, sealed, line marked and
made available to all users of the site in accordance with Australian Standards
2890.1 and 2 (as amended).
13.
Hours of Operation
Hours of use of any part of the facility shall be limited to between 7.00am and
10.00pm. Use of the facility outside of these hours is prohibited without
separate written approval from Council.
All lighting is to be turned off outside of the hours of operation. In this regard an
automatic timer system shall be incorporated with the operation of the lights to
ensure compliance with these requirements.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
The following conditions of consent must be complied with prior to the issue of a
construction certificate by either Campbelltown City Council or an accredited certifier.
All necessary information to comply with the following conditions of consent must be
submitted with the application for a construction certificate.
14.
Water/Electricity Utility Services
Prior to Council or an accredited certifier issuing a construction certificate, the
applicant shall submit written evidence of the following service provider
requirements:
a.
Integral Energy - A letter of consent demonstrating that satisfactory
arrangements have been made to service the proposed development.
b.
Sydney Water - The submission of a 'Notice of Requirements' under
Section 73 of the Water Board (Corporation) Act 1994.
15.
Telecommunications Utility Services
Prior to Council or an accredited certifier issuing a construction certificate, the
applicant shall submit written evidence demonstrating that satisfactory
arrangements have been made with a telecommunications carrier to service
the proposed development.
Advice on telecommunications infrastructure can be obtained by the notification
tool located at https://development.telstrasmartcommunity.com.
16.
Soil and Water Management Plan
Prior to Council or an accredited certifier issuing a construction certificate, a
detailed soil and water management plan shall be submitted for approval.
17.
Traffic Committee
Prior to Council or an accredited certifier issuing a construction certificate, the
applicant shall submit plans and obtain approval from Council's Local Traffic
Committee for the proposed pedestrian crossing and any proposals for the
construction of prescribed traffic control devices and traffic control facilities and
all associated line marking and/or sign posting.
18.
Stormwater Management Plan (Development)
Prior to Council or an accredited certifier issuing a construction certificate, a
plan indicating all engineering details and calculations relevant to site regrading
and the collection and disposal of stormwater from the site, building/s and
adjacent catchment, shall be submitted for approval. Floor levels of all
buildings shall be a minimum of 150mm above the adjacent finished site levels
and stormwater shall be conveyed from the site to the nearest drainage system
under Council's control. All proposals shall comply with the Campbelltown
(Sustainable City) DCP 2007 Volume 2.
19.
Work on Public Land
Prior to Council or an accredited certifier issuing a construction certificate, the
applicant shall obtain written approval from Council for any proposed work on
public land. Inspection of this work shall be undertaken by Council at the
applicants expense and a compliance certificate, approving the works, shall be
obtained from Council prior to the principal certifying authority issuing an
occupation certificate.
PRIOR TO THE COMMENCEMENT OF ANY WORKS
The following conditions of consent have been imposed to ensure that the
administration and amenities relating to the proposed development comply with all
relevant requirements. These conditions are to be complied with prior to the
commencement of any works on site.
20.
Erosion and Sediment Control
Prior to the commencement of any works on the land, adequate/approved
erosion and sediment control measures shall be fully installed/implemented.
21.
Erection of Construction Sign
Prior to the commencement of any works on the land, a sign/s must be erected
in a prominent position on the site:
a.
Showing the name of the principal contractor (if any) for any building work
and a telephone number on which that person may be contacted outside
working hours;
b.
Stating that unauthorised entry to the work site is prohibited; and
c.
Pollution warning sign promoting the protection of waterways (issued by
Council with the development consent);
d.
Stating the approved construction hours in which all works can occur.
e.
Showing the name, address and telephone number of the principal
certifying authority for the work.
Any such sign/s is to be maintained while the building work, subdivision work or
demolition work is being carried out, but must be removed when the work has
been completed.
22.
Toilet on Construction Site
Prior to the commencement of any works on the land, toilet facilities are to be
provided, at or in the vicinity of the work site on which work involved in the
erection or demolition of a building is being carried out, at the rate of one toilet
for every 20 persons or part thereof. Each toilet provided must be a standard
flushing toilet and be connected to:
23.
a.
A public sewer, or
b.
If connection to a public sewer is not practicable, to an accredited
sewage management facility approved by Council, or
c.
If connection to a public sewer or an accredited sewage management
facility is not practicable, to some other management facility approved by
Council.
Trade Waste
Prior to the commencement of any works on the land, a trade waste facility
shall be provided on-site to store all waste pending disposal. The facility shall
be screened, regularly cleaned and accessible to collection vehicles.
24.
Vehicular Access During Construction
Prior to the commencement of any works on the land, a single vehicle/plant
access to the site shall be provided, to minimise ground disturbance and
prevent the transportation of soil onto any public road system. Single sized
aggregate, 40mm or larger placed 150mm deep, extending from the kerb and
gutter to the property boundary, shall be provided as a minimum requirement.
25.
Public Property
Prior to the commencement of any works on site, the applicant shall advise
Council of any damage to property which is controlled by Council which adjoins
the site, including kerbs, gutters, footpaths, and the like. Failure to identify
existing damage may result in all damage detected after completion of the
development being repaired at the applicant’s expense.
26.
Hoarding / Fence
Prior to the commencement of any works, a hoarding or fence must be erected
between the work site and a public place if the work involved in the
development is likely to cause pedestrian or vehicular traffic in a public place to
be obstructed or rendered inconvenient, or if the building involves the
enclosure of a public place in accordance with Work Cover requirements.
The work site must be kept lit between sunset and sunrise if it is likely to be
hazardous to persons in the public place.
A separate land use application under Section 68 of the Local Government Act
1993 shall be submitted to and approved by Council prior to the erection of any
hoarding on public land.
DEVELOPMENT REQUIREMENTS DURING CONSTRUCTION
The following conditions of consent have been imposed to ensure that the
administration and amenities relating to the proposed development comply with all
relevant requirements. These conditions are to be complied with during the
construction of the development on site.
27.
Construction Work Hours
All work on site shall only occur between the following hours:
Monday to Friday
Saturday
Sunday and public holidays
28.
7.00am to 6.00pm
8.00am to 1.00pm
No Work.
Erosion and Sediment Control
Erosion and sediment control measures shall be provided and maintained
throughout the construction period, in accordance with the requirements of the
manual – Soils and Construction (2004) (Bluebook), the approved plans,
Council specifications and to the satisfaction of the principal certifying authority.
The erosion and sedimentation control devices shall remain in place until the
site has been stabilised and revegetated.
Note: On the spot penalties up to $1,500 will be issued for any noncompliance with this requirement without any further notification or
warning.
29.
Work Zones
All loading, unloading and other activities undertaken during construction shall
be accommodated on the development site.
Where it is not practical to load, unload or undertake specific activities on the
site during construction, the provision of a ‘Work Zone’ external to the site may
be approved by Council following an application being submitted to Council’s
Traffic Unit outlining the proposal for the work zone. The application is required
to be made prior to the commencement of any works and is to include a
suitable ‘Traffic / Pedestrian Management and Control Plan’ for the area of the
work zone that will be affected. All costs of approved traffic / pedestrian control
measures, including relevant fees, shall be borne by the applicant.
30.
Fill Compaction Requirements
Any filling carried out in accordance with this consent shall maintain a minimum
requirement of 98% standard compaction.
Any lot filling operations carried out in accordance with this consent shall be
tested to establish the field dry density every 300mm rise in vertical height.
Test sites shall be located randomly across the fill site with 1 test per 500m2
(minimum 1 test per 300mm layer) certified by a qualified geotechnical
engineer.
31.
Fill Contamination
Any landfill used on the site is to be validated in accordance with the
Environment Protection Authority’s guidelines for consultants reporting on
contaminated sites. The validation report shall state in an end statement that
the fill material is suitable for the proposed use on the land.
32.
Dust Nuisance
Measures shall be implemented to minimise wind erosion and dust nuisance in
accordance with the requirements of the manual – ‘Soils and Construction
(2004) (Bluebook). Construction areas shall be treated/ regularly watered to
the satisfaction of the principal certifying authority.
33.
Excess Material
All excess material is to be removed from the site. The spreading of excess
material or stockpiling on site will not be permitted without prior written approval
from Council.
34.
Public Safety
Any works undertaken in a public place are to be maintained in a safe condition
at all times in accordance with AS 1742.3. Council may at any time and
without prior notification make safe any such works Council considers to be
unsafe, and recover all reasonable costs incurred from the applicant.
35.
Compliance with Council Specification
All design and construction work, shall be in accordance with:
36.
a.
Council's specification for Construction of Subdivisional Road and
Drainage Works (as amended);
b.
Council's (Sustainable City) DCP 2007 Volume 2,
c.
‘Soils and Construction (2004) (Bluebook); and
d.
Relevant Australian standards and State Government publications.
Commercial Driveway and Layback Crossing
The applicant shall provide a reinforced concrete driveway and layback
crossing/s to Council's Industrial/Commercial Vehicle Crossing Specification
and Council's (Sustainable City) DCP 2007 Volume 2.
A separate application for this work, which will be subject to a crossing
inspection fee, fixing of levels and inspections by Council, must be lodged with
Council. Conduits must be provided to service authority requirements.
37.
Associated Works
The applicant shall undertake any works external to the development, that are
made necessary by the development, including additional drainage works or
any civil works directed by Council to make a smooth junction with existing
work.
38.
Completion of Construction Works
Unless otherwise specified in this consent, all construction works associated
with the approved development shall be completed within twelve (12) months
of the date of the notice of the intention to commence construction works under
Section 81A of the Act.
In the event that construction works are not continually ongoing, the applicant
shall appropriately screen the construction site from public view with
architectural devices and landscaping to Council's written satisfaction.
PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE
The following conditions of consent must be complied with prior to the issue of an
occupation certificate by either Campbelltown City Council or an accredited principal
certifying authority. All necessary information to comply with the following conditions
of consent must be submitted with the application for an occupation certificate.
Note: For the purpose of this development consent, any reference to "occupation
certificate" shall also be taken to mean "interim occupation certificate".
39.
Structural Engineering Certificate
Prior to the principal certifying authority issuing an occupation certificate, the
submission of a certificate from a practising structural engineer certifying that
the building has been erected in compliance with the approved structural
drawings and relevant SAA Codes and is structurally adequate.
40.
Completion of External Works
Prior to the principal certifying authority issuing an occupation certificate, all
external works, repairs and renovations detailed in the schedule of
treatment/finishes, landscaping, driveways, fencing and retaining walls to be
completed to the satisfaction of the consent authority.
41.
Splay Corner
Prior to the principal certifying authority issuing an occupation certificate, the
applicant shall dedicate an 8m x 8m splay corner as road widening at the
intersection of Canterbury Road and Victoria Road.
42.
Restoration of Public Roads
Prior to the principal certifying authority issuing an occupation certificate, the
restoration of public road and associated works required as a result of the
development shall be carried out by Council and all costs shall be paid by the
applicant.
43.
Line Marking / Sign Posting Documentation
Prior to the principal certifying authority issuing an Occupation Certificate, the
applicant shall submit to Council for Local Traffic Committee records two
copies of work as executed plans of any line marking / sign posting approved
by the Traffic Committee for the development. The plans shall show all works
undertaken and the date of installation.
44.
Council Fees and Charges
Prior to the principal certifying authority issuing an occupation certificate, the
applicant shall obtain written confirmation from Council that all applicable
Council fees and charges associated with the development have been paid in
full. Written confirmation will be provided to the applicant following Council's
final inspection and satisfactory clearance of the public area adjacent the site.
ADVISORY NOTES
The following information is provided for your assistance to ensure compliance with
the Environmental Planning and Assessment Act 1979, Environmental Planning and
Assessment Regulation 2000, other relevant Council Policy/s and other relevant
requirements. This information does not form part of the conditions of development
consent pursuant to Section 80A of the Act.
Advice 1.
Environmental Planning and Assessment Act 1979 Requirements
The Environmental Planning and Assessment Act 1979 requires you to:
a.
Obtain a construction certificate prior to the commencement of any works.
Enquiries regarding the issue of a construction certificate can be made to
Council’s Customer Service Centre on 4645 4608.
b.
Nominate a principal certifying authority and notify Council of that appointment
prior to the commencement of any works.
c.
Give Council at least two days notice prior to the commencement of any works.
d.
Have mandatory inspections of nominated stages of the construction
inspected.
e.
Obtain an occupation certificate before occupying any building or commencing
the use of the land.
Advice 2.
Tree Preservation Order
To ensure the maintenance and protection of the existing natural environment, you
are not permitted to ringbark, cut down, top, lop, remove, wilfully injure or destroy a
tree outside 3 metres of the building envelope unless you have obtained prior written
consent from Council. Fines may be imposed if you choose to contravene Council’s
Tree Preservation Order.
A tree is defined as a perennial plant with self supporting stems that are more than 3
metres or has a trunk diameter more than 150mm measured 1 metre above ground
level, and excludes any tree declared under the Noxious Weeds Act (NSW).
Advice 3.
Disability Discrimination Act
Nothing in this consent is to be taken to imply that the development meets the
requirements of the Disability Discrimination Act 1992 (DDA1992). Where a
Construction Certificate is required for the approved works, due regard is to be given
to the requirements of the Building Code of Australia (BCA). However, your attention
is drawn to the existence of the DDA1992 and that compliance with the various
requirements of the BCA does not provide automatic compliance with the DDA1992.
In this regard it is the sole responsibility of the owner, builder and applicant to ensure
compliance with the DDA1992.
Advice 4.
Retaining Walls
A separate development application shall be submitted and approved for any
retaining walls that exceed 1 metre in height.
Advice 5.
Buried Waste
Should buried materials/wastes or the like be uncovered during the excavation of
footings or trenches on site works, Council is to be contacted immediately for advice
on the treatment/removal methods required to be implemented.
Advice 6.
Covenants
The land upon which the subject building is to be constructed may be affected by
restrictive covenants. Council issues this approval without enquiry as to whether any
restrictive covenant affecting the land would be breached by the construction of the
building, the subject of this permit. Persons to whom this permit is issued must rely
on their own enquiries as to whether or not the building breaches any such covenant.
Advice 7.
Inspection Within Public Areas
All works within public areas are required to be inspected at all stages of construction
and approved by Council prior to the principal certifying authority releasing the
Occupation Certificate.
Advice 8.
Salinity
Please note that Campbelltown is an area of known salinity potential. As such any
salinity issues should be addressed as part of the construction certificate application.
Further information regarding salinity management is available within Council's
(Sustainable) City DCP 2007 Volume 2.
Advice 9.
Asbestos Warning
Should asbestos or asbestos products be encountered during construction or
demolition works you are advised to seek advice and information prior to disturbing
the material. It is recommended that a contractor holding an asbestos-handling
permit (issued by Work Cover NSW), be engaged to manage the proper disposal and
handling of the material. Further information regarding the safe handling and removal
of asbestos can be found at:
www.environment.nsw.gov.au
www.nsw.gov.au/fibro
www.adfa.org.au
www.workcover.nsw.gov.au
Alternatively, call Work Cover Asbestos and Demolition Team on 8260 5885.
Advice 10.
Smoke Free Environment Act
Nothing in this consent is to be taken to imply that the development meets the
requirements of the Smoke Free Environment Act 2000 (SFEA2000) or the Smoke
Free Environment Regulations 2007 (SFER2007). In the event that the occupier
wishes to facilitate smoking within any enclosed public place of the premises (in
accordance with clause 6 of the SFER2007), the occupier must first contact NSW
Department of Health to ensure that the design and construction of the area
proposed to facilitate smoking fully complies with the requirements of the SFEA2000
and the SFER2007.
END OF CONDITIONS
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 5
3.3 No. 5/1 Swaffham Road, Minto - Use as a Glass Crushing and
Recylcing Facility
Reporting Officer
Acting Manager Development Services
Attachments
1.
2.
3.
4.
5.
6.
Recommended Conditions of Consent
DECC General Terms of Approval
Locality Plan
Strata Plan
Site Plan
Floor Plan
Purpose
The purpose of this report is to assist Council in its determination of the subject
development application in accordance with the provisions of the Environmental
Planning and Assessment Act 1979.
Property Description
Lot 5 SP 57234, Unit 5 No. 1 Swaffham Road, Minto
Application No
2293/2008/DA-DE
Applicant
Lean and Hayward Pty Ltd
Owner
K77 Pty Ltd
Statutory Provisions
State Environmental Planning Policy No.33 - Hazardous
and Offensive Development
State Environmental Planning Policy No.55 - Remediation
of Land
Greater Metropolitan Regional Environmental Plan No.2 Georges River Catchment
Campbelltown (Urban Area) Local Environmental Plan
2002
Other Policies
Campbelltown 2025 - Looking Forward
Campbelltown Sustainable City Development Control Plan
2007
Development Control Plan 52 – Off Street Car Parking
Code
Date Received
15 September 2008
Report
Introduction
Council has received a development application for the use of Unit 5 No. 1 Swaffham
Road, Minto as a glass recycling facility. The site is currently a vacant industrial unit
within a five unit factory complex. Other tenants within the complex include
Campbelltown Sports Centre, York Fitness equipment storage/warehouse and
Leggett and Platt.
The proposed facility includes the delivery of glass to the premises, the separation of
impurities, the crushing of glass and the storage of the end product pending delivery
to end users which recycle into glass products. Equipment and plant required for the
process include a weighbridge, glass crushing plant, air filter, front end loader, fork lift
and product storage areas - pre and post crushing. The weighbridge, a fan and air
filter will be located external to the unit. The proposal is seeking to operate 24 hours
a day.
The intended capacity of the facility exceeds 30,000 tonnes per annum and is located
within 250 metres of a residential zone and hence is a 'designated development'
pursuant to the provisions of Schedule 3 of the Environmental Planning and
Assessment Regulation 2000.
Accordingly, the development application is accompanied by an Environmental
Impact Statement (EIS) in accordance with Section 78A(8)(a) of the Environmental
Planning and Assessment Act 1979.
The application has been referred to the Department of Planning and Department of
Environment and Climate Change (DECC) for comment and General Terms of
Approval (from DECC).
The Site
The site is located in the Swaffham Road precinct of the Minto industrial area within
an existing 5 unit industrial complex with factory units ranging in size from 1756
square metres to 3450 square metres. Airds Road is located to the west and
Campbelltown Road to the east of the land. Unit 5 is located in the north-western
corner of the existing industrial complex.
The unit entitlement of Lot 5 comprises the industrial unit subject of the proposal and
the concrete driveway, manoeuvring and parking areas on the northern, eastern and
western sides of the factory unit. The factory unit has an area of 1070 square metres
and taking into the external area entitlement, the total lot has an area of 2676 square
metres.
The subject unit contains an office and amenities located in the north-western corner
of the unit.
The unit is accessed from Swaffham Road via a driveway which runs parallel to the
southern boundary of the land and the egress is via a driveway parallel to the
northern boundary of the land. The site does not have direct access to Campbelltown
Road which is located adjacent to the rear boundary.
Unit 5 is currently vacant. Previous uses include warehousing and light industrial
activities. The other uses currently occupying the complex include:
•
•
•
Unit 1 - Campbelltown Sports Centre (The Cricket Centre);
Units 2 and 3 - York Fitness equipment storage and warehousing; and
Unit 4 - Leggett and Platt mattress distribution and warehousing.
Adjoining and nearby land uses are described as follows:
To the south: Vacant parcel of land owned by Council immediately to the south used
as a drainage reserve (McBarron Creek) and Toyo Tyre and Rubber
Australia P/L facility.
To the east:
Bow Bowing Drainage Channel and factory containing electrical
warehousing distribution (on Airds Road).
To the north: Industrial units containing manufacturing and warehousing.
To the west:
Campbelltown Road, Peace Park and residential properties within St
Andrews.
The nearest residential dwelling from the subject unit is located to the west of
Campbelltown Road approximately 102 metres away in Indaal Place, St Andrews.
The Development Proposal
The application seeks development consent for the installation/construction of
machinery/plant and use of the site as a glass crushing/recycling facility with a
capacity in excess of 30,000 tonnes annually.
The facility would operate as follows:
•
Plate glass is sourced from numerous industries. Plate glass types include
automotive, window panes, door panels, shop fronts and displays;
•
The glass would be delivered to the site in tipper trucks. The trucks would be
emptied into storage bays located at the eastern end of the building;
•
The plate glass is to be lifted by a front end loader and placed into a hopper at
the start of the glass recycling process;
•
The glass is taken through the initial crushing stage and is sized and removed
of all impurities;
•
Impurities such as metals and laminate material is separated from the initial
crush and sent to either approved landfill or other recycling facilities;
•
The crushed glass is further refined into the high end product as required by
the end users and stored in metal bins at the completion of the refining
process;
•
The metal bins would be stored within the building pending their collection by
trucks for delivery to the end users for recycling into glass products;
•
The generation of dust emissions from the process would occur at the crushing
and screening plant. Two reverse pulse dust collectors would provide the air
cleaning to a 99.9% removal efficiency;
•
The fans would be located within a fan room constructed of concrete. The
cleaned air is discharged at ground level;
•
The dust collectors include a vacuum gauge with warning mechanisms when
pressure on filter bags is reaching maximum limit;
•
Dust collected is a valuable by-product of the crushing process and is on-sold
and reused in the manufacture of first order glass products including
windowpanes, door panels, shop front windows and automotive products.
Other elements of the proposal include:
•
The construction of an external weighbridge;
•
Use of the onsite parking area (within the bounds of the unit entitlement) for
overnight parking of trucks;
•
Operation of facility is 24 hours per day, seven days per week;
•
Truck movements associated with the use would be limited to between 7.00am
and 6.00pm.
With respect to the above, there are four major factory components that will need to
be installed/built as part of the proposed fit out in support of the ongoing operation of
the glass recycling facility. These individual components consist of:
•
the construction of glass storage bins internally within the unit;
•
the installation of dust extraction and collection systems;
•
the installation of purpose built crushing machinery; and
•
the construction of an external weighbridge.
Assessment
The development has been assessed in accordance with the matters of
consideration under Section 79C of the Environmental Planning and Assessment Act
1979, and having regard to those matters, the following issues have been identified
for further consideration.
1.
Campbelltown 2025 Looking Forward
‘Campbelltown 2025 Looking Forward’ is a statement of broad town planning intent
for the longer term future of the City of Campbelltown that:
•
Responds to what Council understands people want the City of
Campbelltown to look, feel and function like;
•
Recognises likely future government policies and social and economic
trends; and
•
Sets down the foundations for a new town plan that will help achieve that
future.
The document establishes a set of strategic directions to guide decision making and
development outcomes. These directions are broad in nature and form a prelude to a
new statutory town plan for the City.
The strategic directions relevant to this application are:
•
Growing the Regional City,
•
Creating employment and entrepreneurial opportunities.
The proposed development is considered to be generally consistent with these
directions.
Relevant desired outcomes of the strategic directions included in Campbelltown 2025
include:
•
Urban environments that are safe, healthy, exhibit a high standard of
design, and are environmental sustainable; and
•
Development and land use that matches environmental capacity and
capability.
The development is considered to be generally consistent with the relevant desired
outcomes within Campbelltown 2025 as the proposed development and land use
matches the environmental capacity of the site and the industrial intent of the general
area.
2.
Statutory Controls
Section 79C(1)(a) requires Council to consider any relevant environmental planning
instrument, draft environmental planning instrument or development control plan.
2.1
Designated Development
The application is defined as designated development under Schedule 3 of the
Environmental Planning and Assessment Regulation 2000 (the Regulation) and
under the Regulation is defined as 'crushing, grinding or separating works'. A
'crushing, grinding or separating works' facility is designated development where:
Part 1 Section 16 (1)
Crushing, grinding or separating works, being works that process
materials (such as sand, gravel, rock or minerals) or materials for
recycling or reuse (such as slag, road base, concrete, bricks, tiles,
bituminous material, metal or timber) by crushing, grinding or
separating into different sizes:
(a)
that have an intended processing capacity of more than 150
tonnes per day or 30,000 tonnes per year, or
(b)
that are located:
(i) within 40 metres of a natural waterbody or wetland, or
(ii) within 250 metres of a residential zone or dwelling not
associated with the development.
In this instance the proposed development involves the processing capacity of more
than 30,000 tonnes per year and the works are within 250 metres of a residential
zone or dwelling.
The application has been referred to the Department of Planning for its assessment
and comment, and no objection has been received.
2.2
Integrated Development
The application is defined as integrated development under Section 91 of the
Environmental Planning and Assessment Act 1979. As such, an approval from the
Department of Environment and Climate Change (DECC) is required, as is an
Environment Protection License issued under the Protection of the Environment
Operations Act 1997 (POEO Act) to authorise the carrying out of a scheduled
development work on the premises under Schedule 1 of the POEO Act.
The Department issued the General Terms of Approval relating to the licence on 16
February 2009.
Council, in the assessment of the proposal, considered whether the proposed
development was integrated development requiring General Terms of Approval from
the Department of Water and Energy, given the proximity to McBarron Creek
adjacent to the land's southern boundary.
The proposed works are greater than 40 metres from the waterbody and hence the
application does not require referral to the Department of Water and Energy for
General Terms of Approval.
2.3
State Environmental Planning Policy No.33 - Hazardous and Offensive
Development (SEPP 33)
SEPP 33 has been considered in the assessment of the proposed development.
Various definitions of the proposed development are located within Clause 3 of the
Policy. The definition that best suits the development in this regard is:
potentially offensive industry means a development for the purposes of an
industry which, if the development were to operate without employing any
measures (including, for example, isolation from existing or likely future
development on other land) to reduce or minimise its impact in the locality or on
the existing or likely future development on other land, would emit a polluting
discharge (including for example, noise) in a manner which would have a
significant adverse impact in the locality or on the existing or likely future
development on other land, and includes an offensive industry and an offensive
storage establishment.
The EIS accompanying the development application states that the assessment of
the possible noise and air impacts associated with the use indicate that no adverse
impact will result from the development as "appropriate site measures are to be
integrated into the design of the development to protect the surrounding
development".
It is not considered that the proposal is a potentially offensive industry in accordance
with the SEPP 33 definition. Additional environmental assessment information is
discussed later within this report.
2.4
55)
State Environmental Planning Policy No.55 - Remediation of Land (SEPP
SEPP 55 aims to promote the remediation of contaminated land for the purpose of
reducing risk of harm and human health or any other aspect of the environment and
has been considered as part of the assessment of the proposed development.
The objectives under Clause 2 of the Policy state:
(1)
The object of this Policy is to provide for a Statewide planning approach
to the remediation of contaminated land.
(2)
In particular, this Policy aims to promote the remediation of contaminated
land for the purpose of reducing the risk of harm to human health or any
other aspect of the environment:
(a)
by specifying when consent is required, and when it is not required,
for a remediation work, and
(b)
by specifying certain considerations that are relevant in rezoning
land and in determining development applications in general and
development applications for consent to carry out a remediation
work in particular, and
(c)
by requiring that a remediation work meet certain standards and
notification requirements.
Clause 7 (Contamination and remediation to be considered in determining
development applications) of the Policy states:
(1)
A consent authority must not consent to the carrying out of any
development on land unless:
(a)
it has considered whether the land is contaminated, and
(b)
if the land is contaminated, it is satisfied that the land is suitable in
its contaminated state (or will be suitable, after remediation) for the
purpose for which the development is proposed to be carried out,
and
(c)
if the land requires remediation to be made suitable for the purpose
for which the development is proposed to be carried out, it is
satisfied that the land will be remediated before the land is used for
that purpose.
Council records indicate that the subject site has not been previously occupied by
land uses which are contained within Table 1 of the Managing Land Contamination
Guidelines published by the Department of Planning, and as a result the subject site
is considered suitable for the proposed development and it satisfies the requirements
of the Policy.
2.5
Greater Metropolitan Regional Environmental Plan No.2 - Georges River
Catchment (GMREP 2)
Greater Metropolitan Regional Environmental Plan No. 2 (GMREP 2) - Georges
River Catchment applies to the land and therefore, the proposed glass
crushing/recycling facility. The GMREP aims to maintain and improve the water
quality and river flows of the Georges River and its tributaries and ensure that
development is managed in a manner that is in keeping with the National, State,
regional and local significance of the catchment.
The general aims and objectives of the Plan are as follows:
(a)
to maintain and improve the water quality and river flows of the Georges
River and its tributaries and ensure that development is managed in a
manner that is in keeping with the national, State, regional and local
significance of the Catchment,
(b)
to protect and enhance the environmental quality of the Catchment for
the benefit of all users through the management and use of the resources
in the Catchment in an ecologically sustainable manner,
(c)
to ensure consistency with local environmental plans and also in the
delivery of the principles of ecologically sustainable development in the
assessment of development within the Catchment where there is
potential to impact adversely on groundwater and on the water quality
and river flows within the Georges River or its tributaries,
(d)
to establish a consistent and coordinated approach to environmental
planning and assessment for land along the Georges River and its
tributaries and to promote integrated catchment management policies
and programs in the planning and management of the Catchment,
(e)
(Repealed)
(f)
to provide a mechanism that assists in achieving the water quality
objectives and river flow objectives agreed under the Water Reform
Package.
It is considered that the proposed development satisfies the general aims and
objectives of the GMREP 2.
2.6
Campbelltown (Urban Area) Local Environmental Plan 2002 (CLEP 2002)
The subject land is zoned 4(a) General Industry Zone under the provisions of
Campbelltown (Urban Area) Local Environmental Plan 2002 (CLEP 2002). Under the
CLEP 2002 the proposed use is defined as 'industry' and is permissible with the
consent of Council. The CLEP 2002 defined industry as:
'the manufacturing, assembling, altering, repairing, renovating, ornamenting,
finishing, cleaning, washing, dismantling, processing or adapting of any goods
or articles for commercial purposes'.
The objectives of the 4(a) zone are:
(a)
to encourage activities that will contribute to the economic and
employment growth of the City of Campbelltown, and
(b)
to allow a range of industrial, storage and allied activities, together with
ancillary uses, the opportunity to locate within the City of Campbelltown,
and
(c)
to encourage a high quality standard of development which is
aesthetically pleasing, functional and relates sympathetically to nearby
and adjoining development, and
(d)
to protect the viability of the commercial centres in the City of
Campbelltown by limiting commercial activities to those associated with
permitted industrial, storage and allied development, and
(e)
to ensure development will not be carried out unless the consent
authority is satisfied that the processes to be carried on, the
transportation to be involved, or the plant, machinery or materials to be
used, do not interfere unreasonably with the amenity of the area.
Council may grant consent for development that is consistent with one or more of the
objectives of the 4(a) zone. It is considered that the development of the glass
crushing/recycling centre is consistent with the objectives of the zone relevant to the
development and therefore consent can be granted by Council.
2.7
Campbelltown
(SCDCP)
(Sustainable
City)
Development
Control
Plan
2007
Campbelltown (Sustainable City) Development Control Plan (SCDCP) applies to the
subject land. The aims of the SCDCP are:
•
Ensure that the aims and objectives of any relevant EPI including
Campbelltown's LEPs and IDOs are complemented by the Plan;
•
Ensure that the principles of ecological sustainability are incorporated into
the design, construction and ongoing operation of development;
•
Facilitate innovative development of high quality design and construction
in the City of Campbelltown;
•
Ensure that new development maintains or enhances the character and
quality of the natural and built environment;
•
Ensure that new development takes place on land that is capable of
supporting development;
•
Encourage the creation of safe, secure and liveable environments;
•
Ensure that new development minimises the consumption of energy and
other finite resources, to conserve environmental assets and to reduce
greenhouse gas emissions; and
•
Provide for a variety of housing choices within the City of Campbelltown.
It is considered that the proposed development is consistent with the relative aims of
the SCDCP.
The application has been assessed having regard to Part 6 (Industrial Development)
of Council’s SCDCP. The aim of this part of the SCDCP is to clearly set out Council's
requirements for industrial development. The objectives include:
•
Ensure that industrial development is both functional and attractive in the
context of it local environment through appropriate design;
•
Reduce the visual impact of industrial development on the streetscape
and surrounding areas;
•
Ensure that sufficient areas are available for landscaping, access, car
parking and manoeuvring of heavy vehicles on site;
•
Ensure that building materials are high quality and durable; and
•
ensure that fencing and walls for security purposes have positive impacts
on the streetscape and from other public domain areas.
It is considered that the proposed development is generally consistent with the
objectives of Part 6 of the SCDCP.
Assessment of the relevant controls within Part 6 of SCDCP is below:
Section 6.3 Building Form and Character
The proposed development does not include the construction of additional floor
space with the exception of a weighbridge. Consideration of controls such as building
design, setbacks and fencing is not relevant in this instance.
Section 6.4 Car Parking and Access
As mentioned above the development does not require additional floor space to be
constructed, and as such, there is no requirement for the provision of additional car
parking spaces to be provided on site.
Council's Development Engineers have assessed the development having regard to
turning circles and the types of vehicles proposed and are satisfied that the proposed
facility is acceptable in that regard.
Section 6.5 Landscaping
No new landscaping is proposed with the development.
Section 6.6 Outdoor Storage Area
No outdoor storage areas are proposed with the development
Section 6.7 Industrial Waste Management
The accompanying EIS in support of the application contains a detailed waste
management plan of which following discussions with the Manager Waste Services,
it is considered satisfactory given the nature of the development. The use as a glass
crushing/recycling centre does not generate substantial amounts of waste. The
Waste Management Plan is considered reasonable in this instance.
Section 6.8 Environmental Management
Environmental concerns such as air quality and noise are discussed later in this
report.
Section 6.9 Residential Interface
The proposed site is located approximately 102 metres from the nearest residence.
An acoustic assessment and air quality assessment report has been submitted in
support of the application. The findings are discussed in a latter part of this report.
2.8
Development Control Plan No.52 - Off Street Car Parking (DCP 52)
The subject application is also subject to the provisions of DCP 52 however, in the
event of an inconsistency with SCDCP 2007, the SCDCP prevails. However, if
regard was given to DCP 52, as there is no proposal to change the current floor
space, it is the case that there would be no requirement for the provision of additional
car spaces due to this proposal.
3.
Environmental Impacts
Section 79C(1)(b) of the Act requires Council to consider the likely impacts of the
development, including environmental impacts on both the natural and built
environments, and social and economic impacts in the locality.
3.1
Noise Impact
A detailed noise impact assessment was undertaken in accordance with the
guidelines and requirements of the NSW Department of Environment and
Conservation (DECC) Industrial Noise Policy. The Noise and Air Quality Report was
prepared by Wilkinson Murray Pty Ltd to assess the potential impact of the
development on surrounding land uses, particularly residential uses.
The assessment determined that based on the nature of the local noise environment
the proposed operation would not result in any loss of local acoustic amenity.
Noise would be generated on-site primarily by the use of processing plant, forklift,
front end loaders and delivery trucks. These types of noise are consistent with
industrial areas and are already occurring in the precinct.
The noise impact at the nearest residences have been assessed against day time
operation and night time operation in a typical 'worst case scenario' and assuming
west facing roller doors on the subject unit premises would remain open (the nearest
residences being 102 metres to the west).
Predicted noise levels at residences indicate that noise associated with the facility
will comply with established noise criteria. The report recommends that west facing
roller doors of the unit be closed after 6pm to further reduce noise and comply with
established night time noise criteria.
Council commissioned specialist acoustic consultants Child and Associates to
undertake a peer review of the acoustic report. The Child and Associates peer review
concludes that the procedures and processes undertaken including the noise
predictions by Wilkinson Murray Pty Ltd are appropriate and correct.
3.2
Air Quality
A detailed air quality impact assessment was conducted based on the current
guidelines and requirements of the NSW DECC 'approved methods'. The report was
prepared by Wilkinson Murray Pty Ltd to review the potential off-site air quality
impacts of the proposed use. Meteorological data and air emissions were used as
part of the assessment.
The main air pollutant emitted by the crushing of glass is particulates in the form of
dust. It is proposed to control the particulates by enclosing the crushing process (and
machinery/plant) in a building and by using a baghouse to filter the internal air. Using
this approach, particulates should be able to be controlled to an efficiency of 99 to
100 per cent.
The POEO Act (Clean Air) Regulation 2002 requires any activity or plant to not emit
concentrations of particles greater than 20mg/m³. The proposed bag filter has been
assessed as being located at the 'worst case' scenario for dust impacts at the
nearest residences.
The air quality impact assessment used prevailing meteorological conditions to
determine the efficiency of the emitted particles dispersion and dilution into the
surrounding environment. The climatic parameters governing the dispersion of
pollutants considered in this assessment include wind direction, wind speed and
atmospheric stability.
The proposed glass crushing activity is considered to comply with the POEO Act
(Clean Air) Regulation 2002 as the concentration of particles are within the
parameters set by the Regulation. It should also be noted that Council received no
objections to the proposal from the DECC.
3.3
Water Quality
The proposed development does not require the use of water, liquids or fuels as part
of the processing and crushing of glass. Providing that the site and premises are kept
clean by way of sweeping, or other forms of dust collection, the development would
have negligible impact on the local stormwater infrastructure system.
The site is adjacent to a grass lined channel known as McBarron Creek which is a
tributary of Bow Bowing Channel. The factory unit complex at No.1 Swaffham Road
drains into McBarron Creek and ultimately into the Georges River.
It is considered that given the 'dry' nature of products processed, and there being no
requirement for the on-site storage of fuels and other liquids, the bunding of the
premises is not required.
3.4
Traffic Impacts
The traffic impacts of the proposed development will be in two stages - construction
of the facility (installation of plant/machinery) and on-going operation.
During the construction and installation of the required equipment/plant, it is
anticipated that the volume of vehicles required will not detrimentally impact upon the
site nor the surrounding road network.
The expected traffic movements identified with the operation of the glass crushing
activity include:
•
•
•
Deliveries - 6 per day. These deliveries would typically be in tipper trucks;
Deliveries out - 3 per day. These would be carried out by large rigid
vehicles; and
Staff - 3 staff per shift. Three shifts per day (assuming 24 hours per day
operation) would generate a maximum of 18 car movements daily.
Entry to the site would be via the southern driveway from Swaffham Road, with
egress movements being from the northern driveway to Swaffham Road. The site
can accommodate access and manoeuvrability for large rigid trucks. Parking is
available in the vicinity of the subject factory unit for staff purposes.
It is considered that the use does not generate traffic movements at a level that
would have a negative impact on the surrounding road network, which is a
predominantly industrial road network. The road network has been designed to
accommodate industrial uses and the development would not have a significant
impact on the locality.
3.5
Visual Impact
No works are necessary to the external appearance of the building, with the
exception of a weighbridge at ground level. No external storage is proposed with the
use, with the exception of parked vehicles that may be required to be parked
overnight in the parking area. In this regard, it is recommended that a condition of
consent be included to the effect that any truck parked on site overnight is to be
parked with the loads covered. Given that the ground level adjacent to the subject
unit is between 2 and 3 metres below Campbelltown Road and that there is an
existing mature vegetative screen along the boundary of Campbelltown Road, it is
unlikely that the development will have an impact on the visual amenity of the area.
3.7
Social and Economic Impact
The social and economic impacts of the development are considered to be positive.
The site would generate employment for approximately 9 persons and would allow
for an established business to increase its production and profitability. In addition to
those employed on-site, the multiplier effects of those jobs and employment for
contractors such as truck drivers and waste management are considered to be of
benefit to the local area and the City's economy.
4.
Suitability of the Site
Section 79C(1)(c) of the Act requires Council to consider the suitability of the site to
accommodate the development.
The subject site is a vacant factory unit located on industrial zoned land that enjoys
access to industrial roads and close links to major transport roads in and out of
Campbelltown City. In addition, public transport is located within a reasonable
distance for staff access if required.
Having regard to the absence of any significant environmental impacts that would
likely result from the proposed development, it is considered that the site is suitable
for the proposed development.
5.
Public Exhibition and Notification
The proposed development was placed on public exhibition and notified to adjoining
and nearby landowners between 15 October 2008 and 14 November 2008 in
accordance with Council's Notification Policy and the Environmental Planning and
Assessment Regulation 2000. During this period, Council received 1 submission
objecting to the proposed development.
The submission stated that the key concerns with the proposal are summarised as:
Issue:
Truck movements around the building would not have enough room
when car-parking areas from the indoor sports centre are full, and the
safety issues associated with users of the centre when using the car
park.
Comment:
Council's traffic engineer has assessed the plans having regard to the
manoeuvrability of large rigid trucks around the site. It is considered
that these vehicle movements can be made when car-parking areas
are utilised.
6.
Government Authorities
Given that the proposal constitutes an integrated and designated development under
the provisions of the Environmental Planning and Assessment Act 1979, Council
consulted with the relevant authorities as follows:
6.1
Department of Planning
The EIS submitted with the application has been prepared in accordance with the
Director-General’s requirements pursuant to Clause 73 of the Environmental
Planning and Assessment Regulation 2000.
The application was subsequently forwarded to the Department of Planning (DoP) for
exhibition purposes and comment. Council is yet to receive formal comments from
the DoP in this regard. As such, a follow up phone call to the DoP Manager
Manufacturing and Rural Industries (delegate of the Director-General) was made in
March 2009 and verbal confirmation was received from the Manager that the DoP
would not be commenting on the project despite the letter of objection received from
the Campbelltown Sports Centre.
In this regard, it is considered that the content of the EIS has satisfactorily addressed
those matters identified in the assessment by the Director-General.
6.2
Department of Environment and Climate Change
The proposed development is a scheduled activity under Schedule 1 of the
Protection of the Environment Operations Act 1997. Accordingly, a Scheduled
Activities Licence is required from the Department.
The Environment Protection Authority (EPA) is now part of the DECC and has certain
statutory functions and powers that continue to be exercised in the name of the
DECC. The EPA has reviewed the proposed development and determined it is able
to issue a licence for the proposal, subject to conditions. Should Council approve the
development, the applicant will need to make a separate application to the DECC to
obtain a licence.
Operations cannot commence at the facility until such time that a licence has been
granted.
The Department has provided 'General Terms of Approval' in relation to emissions,
noise control, waste removal, operating conditions and reporting conditions amongst
others. The terms are included as part of the recommended conditions of
development consent located in Attachment 2 to this report.
Conclusion
The application seeks consent for the construction and operation of a glass crushing
and recycling facility at Lot 5 SP 57234, No 5/1 Swaffham Road, Ingleburn.
The application is designated development under Schedule 3 of the Environmental
Planning and Assessment Regulation 2000. The environmental impacts of the
proposal have been assessed in the Environmental Impact Statement, prepared by
Lean and Hayward Pty Ltd, in consultation with the Department of Planning.
The main concerns identified include the potential for air and noise emissions, and
increased traffic. Appropriate environmental safeguards are proposed to address
these matters and ensure that there will be no adverse environmental impacts
resulting from the development.
The application has been publicly exhibited and one submission was received
objecting to the proposal.
The application has been referred to the Department of Environment and Climate
Change as a concurrence authority, which has provided its general terms of
approval. Referral of the application to the Department of Planning did not raise
objection.
Having regard to the matters for consideration listed under Section 79C(1) of the
Environmental Planning and Assessment Act 1979, it is subsequently recommended
that the application be approved subject to appropriate conditions.
Officer's Recommendation
That development application 2293/2008/DA-DE for the construction and operation of
a glass crushing and recycling facility at Lot 5 in SP 57234, Unit 5 No.1 Swaffham
Road, Minto be approved subject to the conditions detailed in Attachment 1
Committee’s Recommendation: (Matheson/Lake)
That the Committee's Recommendation be adopted.
Amendment: (Rowell/Greiss)
That a decision in this matter be deferred and the site listed for an inspection on a
future briefing night.
CARRIED
Voting for the Committee's Recommendation: Councillors Bourke, Greiss, Kolkman,
Lake, Oates, Rowell and Thompson.
Voting against the Committee's Recommendation: Nil.
Councillor Matheson was not in the Chamber when the vote for this Item was taken.
Council Meeting 14 April 2009 (Oates/Dobson)
That the Committee's Recommendation be adopted.
Council Resolution Minute Number 81
That the Committee's Recommendation be adopted.
Voting for the Council Resolution: Councillors Borg, Bourke, Chanthivong, Dobson,
Glynn, Greiss, Hawker, Kolkman, Lake, Matheson, Oates, Rowell, Rule and Thomas.
Voting against the Council Resolution: Councillor Thompson.
ATTACHMENT 1
GENERAL CONDITIONS
The following conditions have been applied to ensure that the use of the land and/or
building is carried out in such a manner that is consistent with the aims and
objectives of the planning instrument affecting the land.
For the purpose of these conditions, the term ‘applicant’ means any person who has
the authority to act on or benefit of the development consent.
1.
Approved Development
The development shall take place in accordance with the approved
development plans containing Council’s approved development stamp and all
associated documentation submitted with the application, except as modified
in red by Council and/or any conditions of this consent.
2.
Building Code of Australia
All building work must be carried out in accordance with the provisions of the
Building Code of Australia. In this clause, a reference to the Building Code of
Australia is a reference to that Code as in force on the date the application for
the relevant construction certificate is made.
3.
Deliveries
Vehicles servicing the site shall comply with the following requirements:
4.
a.
All vehicular entries and exits shall be made in a forward direction;
b.
All vehicles awaiting loading, unloading or servicing shall be parked on
site and not on adjacent or nearby public roads;
c.
All deliveries to the premises shall be made to the loading bay/s
provided; and
d.
All truck movements to, from and within the premises shall be carried
out between the hours of 7am to 6pm.
Advertising Signs – Separate DA Required
This consent does not permit the erection or display of any advertising signs.
Most advertising signs or structures require development consent. You
should make separate enquiries with Council prior to erecting or displaying
any advertising or signage.
5.
Storage of Goods
All works, storage and display of goods, materials and any other item
associated with the premises shall be contained wholly within the building.
Any trucks parked over night are to have all loads covered.
6.
Storage of Flammable and Combustible Liquids
Flammable and combustible liquids shall be stored in accordance with
Australian Standard 1940-(as amended) – The Storage and Handling of
Flammable and Combustible Liquids.
7.
Storage of Dangerous Goods
Prior to the storage of any ‘dangerous goods’ on the premises, a licence from
the Chemical Safety Branch of Work Cover shall be obtained and submitted
to Council.
8.
Unreasonable Noise, Dust and Vibration
The development, including operation of vehicles, shall be conducted so as to
avoid unreasonable noise, dust or vibration and cause no interference to
adjoining or nearby occupants. Special precautions must be taken to avoid
nuisance in neighbouring residential areas, particularly from machinery,
vehicles, warning sirens, public address systems and the like.
In the event of a noise, dust or vibration problem arising at the time, the
person in charge of the premises shall when instructed by Council, cause to
be carried out an investigation by an appropriately qualified consultant and
submit the results to Council. If required by Council, the person in charge of
the premises shall implement any or all of the recommendations of the
consultant and any additional requirements of Council to Council’s
satisfaction.
9.
Acoustic Requirement
West facing roller doors of the subject unit shall be closed between 6.00pm
and 7.00am Monday to Friday and 6.00pm and 8.00am Saturdays, Sundays
and Public Holidays as an additional measure to reduce noise levels
transmitted from the site and to the nearest residential areas during the
evening and night periods.
In this regard the applicant shall operate and maintain the office, industrial
unit and all activities associated with the approved use in a way that ensures
the noise levels generated by the development do not exceed the specific
maximum noise levels shown in the tables below, when measured at the
boundary of the most effected residence. For the purpose of compliance
monitoring against the specified noise limits, the noise levels generated from
all aspects of the use are to be measured at:
•
the most affected point on or within the receptor site boundary; or
•
the most affected point within 30metres of the dwelling where the
dwelling is more than 30metres from the boundary.
DAYTIME
NOISE
OBJECTIVE
dB(A) Leq15 min
EVENING
NOISE
OBJECTIVE
dB(A) Leq15 min
NIGHTTIME
NOISE
OBJECTIVE
dB(A) Leq15 min
7.00am – 6.00pm
6.00pm
10.00pm
49
49
49
EVENING
AMENITY
OBJECTIVE
dB(A) Leq (4 hrs)
NIGHTTIME
AMENITY
OBJECTIVE
dB(A Leq (9 hrs)
DAYTIME
AMENITY
OBJECTIVE
dB(A) Leq (11 hrs)
7.00am – 6.00pm
6.00pm
10.00pm
49
45
–
–
10.00pm
7.00am
10.00pm
7.00am
NOISE
OBJECTIVE FOR
INTERMITTENT
– PLANT dB(A) L1
59
NOISE
OBJECTIVE FOR
INTERMITTENT
– PLANT dB(A) L1
40
59
In regard to ensuring compliance with the above requirements, the applicant
shall prepare and implement a system for the receiving, logging and
responding to noise complaints. Prior to the issue of an Occupation
Certificate, details of the noise complaints system shall be provided to the
Manager Development Services for approval.
At the commencement of the glass crushing activities and for a frequency of
every 3 months for a period of 6 months (2 times), the applicant shall
undertake compliance monitoring at the nearest affected residential property
against the noise limits shown in the table above. If compliance is achieved
over the 6 month period, then additional monitoring will only be required in the
case of a noise complaint. The results of the noise monitoring shall be made
available to a representative of the Council upon request.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
The following conditions of consent must be complied with prior to the issue of a
construction certificate by either Campbelltown City Council or an accredited certifier.
All necessary information to comply with the following conditions of consent must be
submitted with the application for a construction certificate.
10.
Waste Management Plan
Prior to Council or an accredited certifier issuing a construction certificate, the
relevant provisions of Council’s Waste Management Plan is to be completed
to the satisfaction of Council.
11.
Soil and Water Management Plan
Prior to Council or an accredited certifier issuing a construction certificate, a
detailed soil and water management plan shall be submitted for approval.
12.
Section 94A Developer Contribution - Community Facilities and
Services
Prior to Council or an accredited certifier issuing a construction certificate, the
applicant shall provide a receipt for the payment to Council of a community
facilities and services contribution in accordance with the provisions of the
Campbelltown City Council Section 94A Development Contributions Plan.
For the purposes of calculating the required S94A contribution, where the
value of the proposed development exceeds $100,000, the applicant is
required to include a cost summary report with the construction certificate
application setting out a cost estimate of the proposed development in
accordance with the following:
•
where the value of the proposed development is greater than $100,000
but less than $500,000 - a cost summary report by a person who, in
the opinion of the Council, is suitably qualified to provide a cost
summary report (Cost Summary Report Template 1), or
•
where the value of the proposed development is $500,000 or more - a
detailed cost report by a quantity surveyor who is a registered member
of the Australian Institute of Quantity Surveyors (Cost Summary Report
Template 2).
Copies of the Cost Summary Report Templates 1 and 2 are located under
"Developer
Contributions"
on
Council's
web
site
(www.campbelltown.nsw.gov.au) or can be collected from Council's Planning
and Environment Division during normal business hours.
All cost estimates will be subject to indexation on a quarterly basis relative to
the Consumer Price Index - All Groups (Sydney) where the contribution
amount will be based on the indexed value of the development applicable at
the time of payment.
PRIOR TO THE COMMENCEMENT OF ANY WORKS
The following conditions of consent have been imposed to ensure that the
administration and amenities relating to the proposed development comply with all
relevant requirements. These conditions are to be complied with prior to the
commencement of any works on site.
13.
Erosion and Sediment Control
Prior to the commencement of any works on the land, adequate/approved
erosion and sediment control measures shall be fully installed/implemented.
14.
Erection of Construction Sign
Prior to the commencement of any works on the land, a sign/s must be
erected in a prominent position on the site:
a.
Showing the name of the principal contractor (if any) for any building
work and a telephone number on which that person may be contacted
outside working hours;
b.
Stating that unauthorised entry to the work site is prohibited; and
c.
Pollution warning sign promoting the protection of waterways (issued by
Council with the development consent);
d.
Stating the approved construction hours in which all works can occur.
e.
Showing the name, address and telephone number of the principal
certifying authority for the work.
Any such sign/s is to be maintained while the building work, subdivision work
or demolition work is being carried out, but must be removed when the work
has been completed.
15.
Trade Waste
Prior to the commencement of any works on the land, a trade waste facility
shall be provided on-site to store all waste pending disposal. The facility shall
be screened, regularly cleaned and accessible to collection vehicles.
16.
Public Property
Prior to the commencement of any works on site, the applicant shall advise
Council of any damage to property which is controlled by Council which
adjoins the site, including kerbs, gutters, footpaths, and the like. Failure to
identify existing damage may result in all damage detected after completion of
the development being repaired at the applicant’s expense.
DEVELOPMENT REQUIREMENTS DURING CONSTRUCTION
The following conditions of consent have been imposed to ensure that the
administration and amenities relating to the proposed development comply with all
relevant requirements. These conditions are to be complied with during the
construction of the development on site.
17.
Construction Work Hours
All work on site shall only occur between the following hours:
Monday to Friday
Saturday
Sunday and public holidays
7.00am to 6.00pm
8.00am to 1.00pm
No Work.
18.
Erosion and Sediment Control
Erosion and sediment control measures shall be provided and maintained
throughout the construction period, in accordance with the requirements of
the manual – Soils and Construction (2004) (Bluebook), the approved plans,
Council specifications and to the satisfaction of the principal certifying
authority. The erosion and sedimentation control devices shall remain in
place until the site has been stabilised and revegetated.
Note: On the spot penalties up to $1,500 will be issued for any noncompliance with this requirement without any further notification
or warning.
19.
Dust Nuisance
Measures shall be implemented to minimise wind erosion and dust nuisance
in accordance with the requirements of the manual – ‘Soils and Construction
(2004) (Bluebook). Construction areas shall be treated/ regularly watered to
the satisfaction of the principal certifying authority.
PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE
The following conditions of consent must be complied with prior to the issue of an
occupation certificate by either Campbelltown City Council or an accredited principal
certifying authority. All necessary information to comply with the following conditions
of consent must be submitted with the application for an occupation certificate.
Note: For the purpose of this development consent, any reference to "occupation
certificate" shall also be taken to mean "interim occupation certificate".
20.
Section 73 Certificate
Prior to the principal certifying authority issuing an occupation certificate, the
submission of a Section 73 certificate issued by Sydney Water.
21.
Public Utilities
Prior to the principal certifying authority issuing an occupation certificate, any
adjustments to public utilities, required as a result of the development, shall
be completed to the satisfaction of the relevant authority and at the
applicant's expense.
22.
Council Fees and Charges
Prior to the principal certifying authority issuing a occupation certificate, the
applicant shall obtain written confirmation from Council that all applicable
Council fees and charges associated with the development have been paid in
full. Written confirmation will be provided to the applicant following Council's
final inspection and satisfactory clearance of the public area adjacent the site.
ADVISORY NOTES
The following information is provided for your assistance to ensure compliance with
the Environmental Planning and Assessment Act 1979, Environmental Planning and
Assessment Regulation 2000, other relevant Council Policy/s and other relevant
requirements. This information does not form part of the conditions of development
consent pursuant to Section 80A of the Act.
Advice 1.
Environmental Planning and Assessment Act 1979 Requirements
The Environmental Planning and Assessment Act 1979 requires you to:
a.
Obtain a construction certificate prior to the commencement of any works.
Enquiries regarding the issue of a construction certificate can be made to
Council’s Customer Service Centre on 4645 4608.
b.
Nominate a principal certifying authority and notify Council of that appointment
prior to the commencement of any works.
c.
Give Council at least two days notice prior to the commencement of any works.
d.
Have mandatory inspections of nominated stages of the construction
inspected.
e.
Obtain an occupation certificate before occupying any building or commencing
the use of the land.
Advice 2.
Disability Discrimination Act
Nothing in this consent is to be taken to imply that the development meets the
requirements of the Disability Discrimination Act 1992 (DDA1992). Where a
Construction Certificate is required for the approved works, due regard is to be given
to the requirements of the Building Code of Australia (BCA). However, your attention
is drawn to the existence of the DDA1992 and that compliance with the various
requirements of the BCA does not provide automatic compliance with the DDA1992.
In this regard it is the sole responsibility of the owner, builder and applicant to ensure
compliance with the DDA1992.
Advice 3.
Covenants
The land upon which the subject building is to be constructed may be affected by
restrictive covenants. Council issues this approval without enquiry as to whether any
restrictive covenant affecting the land would be breached by the construction of the
building, the subject of this permit. Persons to whom this permit is issued must rely
on their own enquiries as to whether or not the building breaches any such covenant.
Advice 4.
Adjustment to Public Utilities
Adjustment to any public utilities necessitated by the development is required to be
completed prior to the occupation of the premises and in accordance with the
requirements of the relevant Authority. Any costs associated with these adjustments
are to be borne by the applicant.
Advice 5.
General Terms of Approval - Department of Environment and
Climate Change
The General Terms of Approval, issued by the Department of Environment and
Climate Change for Development Application 2293/2008/DA-DE, Notice Number
1097686 attached to this development consent form part of such consent and shall
be read in conjunction with the conditions contained herein.
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