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City of Charles Sturt
DAP Report 18/02/15
TO: Development Assessment Panel
FROM: Manager Planning and Development
DATE: 18 February 2015
WEST WOODVILLE WARD
ITEM 3.08 205-207 TAPLEYS HILL ROAD SEATON SA 5023
Applicant Mr T Robertson
Development Application No 252/1295/14
Proposal Amendment to 252/0555/09 - Demolish existing structures and construct a car wash facility -
amendments to acoustic fencing, landscaping increase access width from Tapleys Hill Road and incorporate
rear services area (retrospective)
Owner of land Killeen Pty Ltd
Zone Residential
(Mid Suburban Policy Area 16)
Form of assessment Consent
Public notification category Consent Cat 3 Public Notice
Representations 2 representation received, 1 to be heard
Representors to be Heard
1.
Ben Green, will appear on behalf of the applicant.
Agency consultations Traffic and Access Standards Section - Department of
Planning, Transport and Infrastructure
Author Samantha McKinlay - Development Officer (Senior Planner)
Attachments Development Plan provisions table
Application documents
C. Representations/Applicants response
Agency comments
Notification map
Internal referral report
Development Plan 15 May 2014
Recommendation Approval with Conditions
City of Charles Sturt 2. DAP Report 18/02/15
Report
Background
The carwash development the subject of this application was originally approved in DA
252/0555/09 by the Development Assessment Panel on 1 September 2009 subject to
conditions including a condition limiting hours of operation to between 7am and 10pm on
any day. Category 3 public notification was undertaken for the application and
representations were received from residents of adjoining residential properties expressing
concerns in respect to noise and traffic amenity impacts which were perceived to result
from the development.
The original development involved the construction of a modern style building with an
overall height.of 5.37 metres containing a tunnel car wash, a plant room, office and service
areas, setback 2 metres from the rear boundary and northern side boundary. Four covered
wash bays and six covered vacuum bays are centrally located on the site with landscaping to the perimeter of the site. Acoustic fencing 2.7 metres high was included within the
application to be constructed on the McMahon Place frontage and to the space remaining between the building and Tapleys Hill Road at the northern end of the site.
The tunnel wash and plant room building are sound proofed and there are no openings in
any walls facing the adjacent residential properties. All these acoustic measures were
adopted together with the recommended restricted hours of operation. The structures
erected on the land are not consistent with the prior approval.
It should be noted that extenuating circumstances have resulted in discrepancies that
occurred during the construction process of the car wash that has resulted in the present
situation on the subject land. For this reason the applicant now seeks to remedy all breeches
and inconsistencies.
The applicant also has an application that is presently on hold for an increase in hours for
the manual carwash and vacuums to 24 Hours within the existing Carwash facility (DA
252/0349/13). In addition, the applicant has submitted an application (DA 252/1293/14) for
signage to reflect the signage presently in situ which has recently undergone Category 3
notification with no representations submitted.
Proposal
The application involves an amendment to the previously approved application - DA
252/0555/09 that entailed a change in land use from a retail plant nursery to a car wash
facility. The current application includes variation to the acoustic fencing, vehicle access
width from Tapleys Hill Road together with the addition of the rear services area in order to
reflect the current arrangement on the ground which is slightly different to that previously
approved.
The applicant now seeks approval for the acoustic fence to be amended in accordance with
the acoustic report prepared by Peter Maddern which reflects 'noise testing' on the
developed facility. This involves the construction of a new 2.7 metre high colorbond fence
adjacent to the northern and southern boundaries.
City of Charles Sturt 3. DAP Report 18/02/15
The applicant also seeks approval for the widening of the northern access point to 10.5
metres as presently in operation.
One of the three non-regulated or significant palm trees located within the road reserve that
adjoins McMahon Place has been removed since the approval of DA 252/0555/09. This was
most likely planted by the previous retail nursery tenant and not Council and the removal of
the palm tree does not constitute development and is not required to be considered as part
of the present application.
The application also involves minor modifications to landscaping and car parking.
A services area screened with existing colorbond fencing and gates adjacent to McMahon
Place at the rear of the site is also included within the application.
Nature of Development
A carwash is a use that is not defined in the Development Act Regulations. However
Environment Resources and Development Court decisions in recent years confirm that a
carwash is not a light industry, which would otherwise be non-complying in the Residential
Zone. The proposed variationto the established carwash is therefore a 'consent on merit' application.
Site/Locality
The site is relatively level and comprises a single 2173 m 2 allotment with a 60 metre frontage to Tapleys Hill Road and a 36 metre frontage to McMahon Place. Its side and rear
boundaries abut the side or rear boundaries of three detached dwellings.
Detached dwellings are the predominant type of development in the residential area to the
east of Tapleys Hill Road. On the opposite side of McMahon Place are retail shops and car
parking for approximately 10 cars. The immediate locality of Tapleys Hill Road exhibits a
mixed character with numerous examples of established non-residential land uses.
However the predominant land use is residential.
City of Charles Sturt 4. DAP Report 18/02/15
Site and Locality Plan
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O Subject Site shown in blue, Locality in red and
Representors properties identified by red dot
City of Charles Sturt 5. DAP Report 18/02/15
Site Visit Photos
F,
Subject site - 205 207 Tapleys Hill Road
Subject site - 205 207 Tapleys Hill Road
City of Charles Sturt 6. DAP Report 18/02/15
_ I
Subject site - 205 207 Tapleys Hill Road - front northern section of site
I i /.......TI..
Subject site - 205 207 Tapleys Hill Road - front southern section
City of Charles Sturt
7. DAP Report 18/02/15
j . ,I1I,,. i-"••
- •d'?. •
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Subject site - looking to the south
r-11, i . anw_
MAW
Subject site looking to the north
City of Charles Sturt 8. DAP Report 18/02/15
a
Summary of Representations and Applicants Response
Representations
The proposal underwent the Category 3 Public Notification process from which the following
representations were received:
Representors to be Heard
1.
Representors Not to be Heard
1. Mr Peter Filiangouras - 19 McMahon Place, SEATON SA 5023
It should be noted that there was a supplementary component to the representation
submitted by received after the close of the notification period and a further
representation received by Mr Cvetan Stojkoski. The representation submitted after the
close of public notification is unable to be considered as a valid representation pursuant to
the legislation. However, the issues raised mirror those already discussed within the other
representations.
Category 3 public notification provides representors with a right of appeal to the
Environment Resources and Development Court should they be aggrieved by the decision of
Council.
Copies of the representations and the applicant's response are attached (Attachment Q.
The following is a summary of the representations and the applicant's response.
Representors issue Applicant's response
Noise emanating from the car wash from Acoustic reports have supported the
the people using the car wash and the proposal. The applicant proposes to
manual washing facilities and vacuums construct a 2.7 metre high acoustic fence to
when in use. minimise potential noise impacts in line
with acoustic engineer requirements.
Sleep disturbance. The applicants deny that the manual and
automatic and vacuum facilities are being
used all hours. The automatic facility is
closed as close to 6pm as possible. CCTV
confirms that the facilities are shut down at
10pm.
Increase in traffic in a residential side street There are no changes to the existing
business operations that would cause any
increase in traffic flows or volumes.
The proposed development is not to alter
the nature of the carwash facility and its
City of Charles Sturt
DAP Report 18/02/15
Representors issue Applicant's response
current operating status. It is seeking
amendments to acoustic fencing,
landscaping increase access width from
Tapleys Hill Road and incorporates rear
services area (retrospective).
Graffiti of our home by users of the car The applicants confirm graffiti has been
wash. minimised.
Area has become unsafe as the area has CCIV operating on the site does not show
been inundated with crime. Attracts people inappropriate activities.
carrying out inappropriate activities and
yelling late at night. The applicant has received no reports of
inappropriate activity on the site or
Dangerous driving/activities in area by dangerous driving from the site from the
users of the car wash. Police.
The chemicals used are odorous and The claims by adjoining residents of
penetrate into the living area of our home. chemical odour have been rejected
The use of these chemicals is unpleasant outright by the applicant and are unproven.
and harmful to the resident's health.
Decrease the value of my house The ERD Court has inferred that
Development Plans do not specifically refer
to the consideration of land values.
Request an independent acoustic test
Officer's response
The planning issues of primary concern expressed within representations have been
adequately addressed as will be discussed further within latter sections of the report.
In addition Council has sought the advice from an independent acoustic consultant who
has verified that the proposed acoustic walling is adequate.
Agency Consultation
Agency Response
Traffic and Access Standards Section - In principle no objection to the proposal
Department of Planning and Infrastructure that involves the widening of the northern
crossover. Conditions recommended to be
attached to any approval.
A copy of the Agency response(s) is attached (Attachment D).
City of Charles Sturt 10. DAP Report 18/02/15
Internal Consultation
Department/Staff Response
Council Independent Acoustic Consultant - The predicted levels of noise with the
Resonate acoustics reduced barrier length are reasonable
when considered in context of the
Environment Protection (Noise) Policy 2007 and the existing noise environment.
The Aspex drawings appear to have appropriately captured the recommended
(by Peter Maddern) acoustic barrier heights
and lengths.
Development Assessment
The proposal is neither a complying nor non-complying form of development and must be
considered on its merits against the relevant provisions of the Development Plan. The
Development Act 1993 provides that a Planning Authority is to have regard to the relevant
provisions of the Development Plan in assessing development proposals.
Attachment A contains a comprehensive list of all Development Plan provisions considered
relevant to the proposal. A comprehensive assessment against the relevant provisions of
the Development Plan has been undertaken within Attachment A. Where compliance with
a particular Development Plan provision requires further discussion, it has been outlined in
further detail below.
Desired Character
The desired character for the policy area envisages a mix of dwelling types throughout, such
as detached and semi-detached dwellings, interspersed with a range of well-designed
medium density housing on larger, wider allotments as well as on main road frontages and
facing larger public open spaces. Given that the development is associated with an
established car wash facility it is considered to be at odds with the desired character
statement for the policy area that seeks predominantly residential development. However,
as outlined within further sections of the report is considered to be unlikely to significantly
detract from the existing level of residential amenity in the locality, consistent with
Objective 1 for the Mid Suburban Policy Area 16. In fact the acoustic treatments forming
part of the application will reduce off site impacts.
Land Use
The car wash facility is an established use located in a Residential Zone Policy Area 16 which
does not specifically accord with the envisaged uses deemed appropriate in the Zone. As
discussed within the desired character section, the Zone and Policy Area contemplates
residential development and the locality contains predominately residential properties
which are relatively sensitive to amenity impacts. However within the zone are a number of
commercial properties that include a group of shops on the opposite side of McMahon Place
on the corner with Tapleys Hill Road and also on the opposite side of Tapleys Hill Road to the
City of Charles Sturt 11. DAP Report 18/02/15
north. It should be noted that the site already has approval to operate as a carwash. This
application is simply to vary design aspect with the approved carwash use.
In order to determine the appropriateness of the proposed amendments, the proposal must
demonstrate compliance with the relevant parts of the EPA's Environment Protection
(Noise) Policy 2007. The Policy establishes noise emission standards that must be achieved,
and is referred to within General Section Interface between Land Uses, Principle of
Development Control 9, which is discussed in more detail below.
The merits of the original approval to establish the carwash was based on the fact that the
use was to replace an existing non-residential use on the site which was a retail plant
nursery for several years.
It is considered that a reasonable test to determine the appropriateness of a non-residential
use is the potential impacts that would be experienced by the more sensitive adjoining uses
as per Residential Zone Principle of Development Control 4:
Non-residential development should be of a nature and scale that:
serves the needs of the local community
is consistent with the character of the locality
does not detrimentally impact on the amenity of nearby residents.
Based on the above, the proposed amendments to the original carwash approval would be
considered to be appropriate provided it can operate in such a manner so as to not have a
detrimental impact on the adjoining residential properties. It is noted that the concerns
raised by the representors regarding antisocial behaviour is alleged to be occurring after the
current hours of operation.
It is established that the use of the site for a carwash is appropriate given that Council has
previously granted consent for the use. The application does not seek to alter the use but
modify some of the features of the past approval to ensure it better integrates with
adjoining uses.
Visual Appearance/Built Form
The amendments proposed do not result in a great deal of change to the visual appearance.
The only impact upon visual appearance is to the reduced amount of fencing which arguably
is a visual improvement. The introduction of the services area is also considered relatively
minor in terms of its visual impact as it is contained within an existing fenced and gated area
to the rear of the site. On this basis the application is considered to be consistent with
General Section Design and Appearance Objective 1 and Principles 1 and 2.
Landscaping, Fencing and Walls
Presently the subject land contains minimal landscaping despite a landscape plan previously
submitted with the original application. It should also be noted that there is actually
minimal opportunity for landscaping upon the subject land as much of it is paved. Indicative
additional landscaping proposed as part of the current application includes urban bamboo,
flax lily and cordilia. Given limited unpaved area remaining for landscaping, the landscaping
City of Charles Sturt 12. DAP Report 18/02/15
proposed is considered adequate and does not vary greatly from the application originally
approved. On this basis the landscaping accords with General Section Landscaping, Fences
and Walls Objective 1 and Principle 1 which seek the amenity of land and development
enhanced with appropriate planting.
Similarly, the acoustic fencing within the application is considered to compliment the built
form of the main building upon the subject land and thus accords with General Section
Landscaping, Fences and Walls Objective 1 and Principle 1.
The existing colorbond fence and gates assists in screening the services area to the rear of
the site as prescribed within the provisions mentioned above.
A palm tree (which is neither a regulated or significant tree) situated within the road verge
adjacent to McMahon Place has been removed since the prior application. This has not been
considered as part of the present development application and does not require development approval.
Amenity/Hours of Operation
Representors have expressed concerns for the carwash facility in terms of impacts upon
amenity and noise and even seek the car wash premises to be completely fenced off
adjacent to the Tapleys Hill frontage with acoustic fencing.
It should also be noted that there are several mechanical acoustic treatments in place
already, however not all the measures have been constructed as per the prior approved plans. The 2700mm high acoustic fencing along the northern and southern boundaries has
not been constructed and it is considered that these elements are critical in reducing off site
noise impacts.
The Residential Zone provisions do not encourage non-residential development unless it is
consistent with the desired character for.the policy area and unless it can be demonstrated
that it does not undermine the objectives and principles of the Development Plan. As
mentioned previously, the site is adjacent three detached dwellings to the north and east
which would be directly impacted by non-residential uses of a high impact nature.
Demonstration of compliance with the Environment Protection Authority's, Environment
Protection (Noise) Policy 2007 is required by Interface between Land Uses Principle of
Development Control 9 and is fundamental to satisfying these provisions, which require
non-residential development to minimise negative impacts in the Residential Zone.
The applicant's acoustic consultant has demonstrated that the noise level generated by the
use is consistent with the Environment Protection Authority's, Environment Protection
(Noise) Policy 2007. Council's independent acoustic consultant - Resonate have also
indicated the development involving a reduction in the barrier length appears reasonable in
the context of the Environment Protection (Noise) Policy 2007.
The application is thus considered to accord with General Section, Interface between Land
Uses, Objective 1, 2 & 3 and Principles of Development Control 1, 2, 6, 8 and 9.
City of Charles Sturt 13. DAP Report 18/02/15
No change to hours of operation is proposed as part of the current application. The
applicant presently has another application on hold to extend the hours of operation and
should they elect to proceed with an assessment of that application hours of operation past
the current approval will be assessed.
Other matters raised by the representors include matters such as dangerous driving and
crime which are pQlice matters. Similarly, the issue of odour is an Environment Protection
Authority matter. General Section Interface between Land Uses Principle 1 discourages
development that detrimentally affects the locality in terms of odour. As outlined previously
the present development application does not change the car wash function in relation to
odours but rather addresses acoustic measures.
Traffic Management and Parking
The application was referred to Traffic and Access Standards Section of the Department of Planning, Transport and Infrastructure as it involves the widening of the northern access
point to 10.5 metres. No objection to the access point widening was raised. However
standard conditions were recommended to be attached to any approval. On this basis, the
application is considered to be consistent with General Section Transportation and Access Objective 2 and Principles 22 and 23.
Crime Prevention
The development is generally consistent with relevant Crime Prevention provisions General
Section, Crime Prevention, Objective 1 and Principles of Development Control 1, 2, 3 & 4 as
the site has an open nature with low level landscaping and existing site lighting that
facilitates casual surveillance of the site from both Tapleys Hill Road and McMahon Place.
The representors have raised issues of anti-social behaviour occurring late at night resulting
directly from the use of the carwash.
There are several CCTV cameras on site to capture images of any activity which can then be
passed on to the relevant authorities should complaints be made to police. This is not
specifically a planning consideration, however, the site layout and orientation does suitably
address crime prevention policies within the Development Plan.
Waste Management
The application seeks the retrospective approval for a services area / bin enclosure that will
be fenced by existing colorbond fencing and gates situated to the rear of the site. Whilst the
bin enclosure area adjoins a neighbouring residential property to the rear, it is considered
suitable as it is in a location that is adjacent to the neighbouring property's driveway and
effectively screened by the existing fencing and gates. The services area is considered
consistent with General Section Design and Appearance Principles 20 and 21 which seek
such facilities being screened from public view.
City of Charles Sturt 14. DAP Report 18/02/15
Conclusion
This application has been assessed against the Charles Sturt Development Plan dated 15
May 2014.
In the original assessment of the carwash, the impacts on adjoining residential properties
were paramount, and several acoustic treatments were proposed to be undertaken to
ensure minimal noise impacts. The noise assessment provided at the time was based on
predicted noise from the carwash and the acoustic treatments including the hours of
operation were determined on that basis.
The merits of this application are not whether the use of the land is appropriate, because
Council has previously determined that it is in fact an appropriate use. The primary question
is whether the reduced length of wall on the boundary is appropriate. Both the applicant's
acoustic consultant and Council's independent acoustic consultant have supported the
proposal in its current form.
Many of the concerns raised by the representors relate to the carwash operation in general,
issues such as chemical fumes, antisocial behaviour and noise. However, some of these
matters are not relevant to the current application or are police matters. The land use
matters have already been determined to be appropriate when the original application was
lodged. The matter of noise has been adequately addressed.
The increase of the access width from Tapleys Hill Road has been supported by DPTI and the
rear services area is situated in an appropriate area.
On this basis, the application is supported and warrants consent subject to conditions.
Recommendation
Reason for Decision
The Panel has read and considered the report prepared by the Development Officer-
Senior Planner dated 18 February 2015 and agrees with the assessment outlined in
that report.
That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not
seriously at variance with the relevant provisions of the Charles Sturt (City)
Development Plan consolidated 5 July 2012.
That pursuant to Section 33(1)(a) of the Development Act, 1993, the Development
Assessment Commission be advised that Council supports Development Application
Number 252/1295/14 subject to the following conditions:
City of Charles Sturt 15. DAP Report 18/02/15
Develop in accordance with the approved plans
That the proposal shall be developed in accordance with the details and approved
plans stamped by Council except where varied by the conditions herein and shall be
completed prior to occupation of the proposed development.
Reason: To ensure the development proceeds in an orderly manner.
Landscaping per Plans
The proposed landscaping shall be established on the site in accordance with the
approved plan prior to the occupation of the site and it shall be maintained and
nurtured at all times, with any diseased or dying plants replaced.
Reason: To preserve and enhance the amenity of the locality and to ensure that
the proposal is established in accordance with the approved plans.
Screened secured service yard
That a screened secured service yard be provided at the rear of the development prior
to the occupation of the proposed development
Reason: To preserve the amenity of the locality
DPTI Conditions
Sufficient on-site manoeuvring areas shall be provided to ensure all vehicles can
enter and exit the site in a forward direction.
Reason: To ensure the development proceeds in an orderly manner.
The utilising of Trailer Mounted Variable Message Displays for advertising
purposes shall not occur on or adjacent to the subject land.
Reason: To ensure the development proceeds in an orderly manner.
All stormwater generated by the proposal shall be appropriately collected and
disposed of without entering or jeopardising the safety of the adjacent arterial
road network.
Reason: To ensure the development proceeds in an orderly manner.
Notes
1. You are advised that the proposed activity must comply with the requirements of the
Environment Protection Act and Regulations at all times.
City of Charles Sturt 16. DAP Report 18/02/15
Stamped documentation pertaining to this Development Plan Consent has been
enclosed. Please ensure that this documentation including the above conditions, if
any, are sighted by whoever is preparing the working drawings for the Development
Approval. This will ensure that there is consistency between the documentation
submitted for both Planning and Building Consents, and will avoid delays in obtaining
Development Approval.
The approval for this development DOES NOT imply approval to alter, shift or remove
any existing public infrastructure, including street trees and/or, landscaping or any
other street furniture or features. Approval to alter any of these must be obtained
from Council or the relevant government department or service authority. All costs
associated with such alteration are the sole responsibility of the applicant.
Before proceeding with this proposal, you are required to seek Building Rules Consent
pursuant to the provisions of the Development Act, 1993.
You are advised that under the Fences Act you are legally required to give notice for
the removal of a fence on the common boundary. Please refer to the Fences Act for
the Correct procedural requirements.
You are advised that construction of any footpath, kerb, gutter or crossover on
Council land will require a permit from Council's Engineering and Construction
Department. It is illegal to undertake work on Council land without permission.
Development Approval must be received for this development within 12 months of
the date of this Development Plan Consent.
You will require a fresh Development Plan Consent and Development Approval before
commencing or continuing the development if you are unable to satisfy these
requirements.
The applicant is reminded of its general environmental duty, as required by Section 25
of the Environment Protection Act, to take all reasonable and practical measures to
ensure the activities on the site, including during construction, do not pollute the
environment in a way which causes or may cause environmental harm. This includes
being mindful of and minimising off site noise, dust and vibration impacts associated
with development.
Construction noise can cause nuisance to nearby residents and therefore activities
which include the operation of machinery need to be restricted to between 7.00am
and 7.00pm Monday to Saturday and if necessary on Sunday between 9.00am and
7.00pm to minimise potential for noise complaints.
Construction must be undertaken in accordance with Division 1 of Part 6 of the
Environment Protection (noise) Policy 2007 at all times.
Heavy vehicles accessing the site should avoid residential streets wherever possible
City of Charles Sturt 17. DAP Report 18/02/15
To ensure your development can now proceed without unnecessary delays please ensure the matters outlined below are properly managed.
The following information outlines your obligations in relation to appropriately managing noise, dust and works effecting adjoining land (both private and public).
Driveway Crossovers . If you are relocating an existing driveway crossover you must remove and reinstate the
old crossover to match the existing kerb profile, footpath and verge. You will require a
permit to work on Council land to construct your new driveway crossover which must
be constructed to Council specification. Please contact Council on 8408 1111 or refer to
our website http://www.charlessturt.sa.gov.au/page.aspx?u=808&c=4118 for relevant specifications.
Council Verges . Please take every precaution necessary to avoid damage to the landscaping and
infrastructure present on Council verges, as you will be required to make good damage to Council property.
Common boundary
When removing fences that are on the common boundary with your neighbour you
must give your neighbour 28 days notice in writing that you intend to remove the
dividing fence. Where the neighbour has a pool, particular care must be taken to
ensure the pool is not left exposed, if temporary fencing is installed the temporary
fence must comply with AS 1926.1 - Swimming pool safety. We recommend that you
consider the Fences and the Law booklet available on line and follow the processes
outlined in the booklet.
Where it is intended to erect external walls on the boundary the face of the external
wall must be on the boundary. Further, barge boards, capping tiles or other fixtures
on the boundary wall must not encroach upon the land of the adjoining owner.
Existing fence lines may not be the true legal boundary. To avoid violation of
neighbour's rights, the onus of proof of the boundary line rests with the owner of the
land where the work is undertaken. This will necessitate a survey being carried out by
a licensed surveyor to identify the true location of the boundary and proposed footing
on the ground. You will need the neighbour's written approval to enter their land to
carry out any construction.
Neighbours
. Construction within an established neighbourhood can be a stressful time for existing
residents. You are urged to take all necessary precautions to ensure adjoining
properties are not damaged or residents unreasonably impacted. In the interests of
good neighbourliness you may wish to consider providing your contact details to all
adjoining property owners inviting them to contact you should there be any concerns
during the construction process.
City of Charles Sturt 18. DAP Report 18/02/15
Dust
• Airborne dust and sand emissions potentially generated on site must be managed and
this can be achieved by wetting down the soil and site during the demolition and
construction process. If you have any concerns or questions in relation to dust you
can contact the EPA on 8204 2004.
Asbestos
• If there is asbestos material in or on the building or fencing to be demolished there
are specific requirements for the method of removal and disposal of asbestos. The
removal of asbestos over 10 square metres in area must be carried out by a licensed
asbestos removal contractor in accordance with Safe Work SA requirements. For
further information in relation to this please contact Safe Work SA on 1300 365 255.
Use of Public Space
• Should any part of the development process require use of public land (ie, the
footpath, nature strip, road or other reserve), additional permits will be required.
• Examples of such activities include storage of materials, delivery of materials from
public land, placing of temporary fences on public land, blocking of the road, footpath or nature strip for any period of time.
• Where works from public space impact vehicular or pedestrian traffic, you will be
requested to lodge a Traffic Management Plan that adheres to the requirements of
the relevant Australian Standards.
• Additional fees and charges may apply, please contact the Council's Compliance Team
on 8408 1380 to discuss your projects needs.
Environment Protection Note
The Environment Protection (Water Quality) Policy 2003 requires any person who is undertaking an activity, or is an occupier of land to take all reasonable and practicable
measures to avoid the discharge or deposit of waste from that activity or land into any
waters or onto land in a place from which it is likely to enter any waters (including the
stormwater system).
The policy also creates offences that can result in on-the-spot fines or legal proceedings. The
following information is provided to assist you to comply with this legislation:
1. Building and construction should follow sediment control principles outlined in the
Stormwater Pollution Preventiori - Code of Practice for the Building and Construction
Industry (EPA 1999). Specifically, the applicant should ensure:
• During construction no sediment should leave the building and construction
site. Appropriate exclusion devices must be installed at entry points to
sto rmwater systems and waterways.
• A stabilised entry/exit point should be constructed to minimise the tracking of
sand, soil and clay off site. However, should tracking occur, regular clean-ups
are advised.
City of Charles Sturt 19. DAP Report 18/02/15
Litter from construction sites is an environmental concern. All efforts should be made
to keep all litter on site. The applicant should ensure that bins with securely fitted lids,
capable of receiving all waste from building and construction activities, are placed on site.
All building and construction wastewaters are listed pollutants under the Environment Protection (Water Quality) Policy 2003 and as such must be contained on site.
It is important that you familiarise yourself with the terms of the Policy and ensure that all
contractors engaged by you are aware of the obligations arising under it.
For further information please contact the Environment Protection Authority on telephone (08) 8204 2004.