Sell & Parker Pty Limited v Blacktown Council

Land and Environment Court (NSW)|1993-09-28|Before: Lloyd J, Bignold J

The applicant is advised to consult with: (a) Sydney Water Corporation Limited

regarding their requirements for the provision of services to the development and the location of existing services that may be affected by proposed works, either on Site or on the adjacent public road(s). All approved building construction plans will need to be submitted to and stamped by Sydney Water Corporation Limited as an indication that they comply with the Corporation's requirements. Sydney Water Corporation Limited may also require the applicant to obtain a Trade Waste Approval as part of the operation of the approved development. Enquiries should be made of the Corporation's requirements for the eventual operation of the approved use. Suburb Name

Any advertising of land sales in association with the approved development shall clearly indicate that the development is located in the following suburb. No other estate names are to be used in any advertisements or other promotional information: Suburb: BLACKTOWN Other Fees and Security Deposits

The following fee must be paid to Council's Maintenance Section pursuant to Sections 608 and 609 of the Local Government Act 1993. The fee is subject to periodic review and may vary at actual time of payment. (a) Vehicle Crossing Application and Inspection Fee: $176

Prior to the issue of a Construction Certificate, whether by Council or an appropriately accredited certifier, the following fee and bond are to be paid to Council. The fee and bond are subject to periodic review and may vary at actual time of payment. Road inspection fee: $113 Road maintenance bond: $4776

Any Construction Certificate that may be issued in association with this development consent must ensure that any certified plans and designs are generally consistent (in terms of Site layout, Site levels, building location, size, external configuration and appearance) with the approved Development Application plans and in accordance with the conditions of the consent. Compliance with Development Control Plan 1992

Except as otherwise approved, the design plans which accompany the Construction Certificate are to comply with the design criteria specified in Council's Development Control Plan 1992, Parts A and E. Services and Service Authorities' Clearances

The following documentary evidence, if required, is to be obtained prior to the issue of any Construction Certificate.

(a) A Section 73 Certificate issued by the Sydney Water Corporation Limited or other evidence from the Urban Development Branch at the relevant Sydney Water Business Centre confirming that the Corporation does not object to the commencement of work on the basis of service availability.

(b) A written clearance from Integral Energy, stating that electrical services have been made available to the development or that arrangements have been entered into for the provision of services to the development. Compliance with Building Code of Australia

All aspects of the building design shall comply with the applicable performance requirements of the Building Code of Australia so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by: (a) Complying with the deemed to satisfy provisions, or

(ii) is shown to be at least equivalent to the deemed to satisfy provision, or (c) A combination of (a) and (b). Required Design Specification

All engineering works required by Part A must be designed and undertaken in accordance with the relevant aspects of the following documents, except as otherwise authorised by this consent: (a) Blacktown City Council's Works Specification - Civil (Current Version)

(b) Blacktown City Council's Engineering Guide for Development (Current Version)

Any Construction Certificate issued in relation to this consent shall incorporate and address the design of those works required by Part A of this consent and any ancillary works necessary to make the construction effective.

All licences and approvals required by the NSW WorkCover Authority, the NSW Fire Brigade and the EPA will be obtained in respect of the 5000L hydrocarbon tank prior to its commissioning.

PRIOR TO COMMENCEMENT OF CONSTRUCTION WORK Notification to Council

At least 2 days prior to work commencing on the Site, Council must be informed, by the submission of Form 7 of the Environmental Planning & Assessment Regulation 1994, of the name and details of the Principal Certifying Authority (if applicable) and the date upon which the construction work is proposed to commence. Toilet Facilities

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 1 toilet for every 20 persons or part of 20 persons employed at the Site. Each toilet provided:

(ii) if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or

(iii) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. Signs on Building and Demolition Sites

A sign must be erected in a prominent position on part of the Site on which the erection or demolition of a building is being carried out: (a) stating that unauthorised entry to the work Site is prohibited, and

(b) showing the name of the person in charge of the work and a telephone number at which that person may be contacted outside working hours. This condition does not apply to:

(a) building work carried out inside an existing building, or

(b) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out. Soil Erosion and Sedimentation Control

All measures specified in the ESCP and the Construction Certificate to control soil erosion and sedimentation are to be installed prior to the commencement of construction works. Infringement Notices, incurring a monetary penalty, may be issued by Council where measures are not implemented or maintained.

To prevent sediment being removed from the Site on construction vehicles during the construction of the approved development, a portable wheelwash or similar device for cleaning truck wheels shall be installed at the exit point from the Site.

Structural details of all retaining walls, prepared and/or certified by a professional engineer or other appropriately qualified person, shall be lodged with Council prior to commencement or construction of any retaining wall.

For the purposes of effective off Site waste management, waste building materials and excavated soil wastes/fill materials must be disposed of to approved waste disposal depots or to licensed landfill sites.

Receipts from the licensed landfills or waste depots in respect of waste disposed of in accordance with Condition 38 must be submitted to the Council within 14 days of the disposal of the waste.

DURING CONSTRUCTION Compliance with the Building Code of Australia

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Demolition of the office building on the Northern part of the Site must be in accordance with the requirements of the Blacktown City Council Local Approvals Policy. Noise Control

The hours of work for any construction work which generates noise are 7am to 5pm, Mondays to Fridays and 7am to 3pm Saturdays inclusive, with no such work to be conducted at any time on a Sunday or Public Holidays.

Any noise generated during the construction of the development shall not exceed 48dB(A) L10 at all residences.

Dust suppression and monitoring measures must be implemented to ensure that ambient air quality levels are in accordance with the EPA Guidelines for Ambient Air Quality in respect of suspended particulate matter and dust deposition when measured at the boundaries of the Site. This monitoring should at least include 30 day dust deposition [maximum dust deposition not to exceed 2 grams per square metre per month (2 g/m2/mth) above background to a maximum of 4 g/m2/mth total solids].

Compliance Certificates may be issued for the following applicable stages of the building construction:

Stage Nominated Work (i) Footing system - placing concrete or covering. (ii) Stormwater drainage - covering or backfilling. (iii) Completion - occupation or use.

Any Compliance Certificate issued for the above stages of construction shall certify that all relevant ancillary or dependent work has been undertaken in accordance with the Building Code of Australia and any other condition of this consent.

Any Compliance Certificate issued for the above stages of construction shall certify that all relevant ancillary or dependent work has been undertaken in accordance with the Building Code of Australia and any other condition of this consent.

Any additional Council inspection, beyond the scope of any Compliance Certificate package and which is required to verify the compliance of any work, will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule. Building Materials and Wastes

Building and construction materials, plant and equipment are not to be placed or stored at any time on Council's footpath or roadway.

Suitable and effective builder's refuse and waste storage facilities are to be provided on the Site for the duration of construction works.

Roads adjoining the Site must be kept clean and free of materials excavated or transported from the Site.

All required internal roads and car parking spaces are to be line-marked, sealed with a hard standing, all-weather material and maintained to a satisfactory useable standard.

All internal roads and other paved areas are to be graded to provide continuous surface drainage flow paths to approved points of discharge.

Entrance/exit points are to be clearly signposted and visible from both the street and the Site at all times.

Access to and parking for persons with disabilities is to be provided in accordance with Australian Standard 2890.1-1993.

Barriers, tree guards and other measures employed to protect existing trees on Site are to be effectively maintained for the duration of construction works.

All landscaping is to be undertaken in accordance with approved plans/details. All turfed areas are to finish level with adjoining surfaces and shall fall evenly to approved points of drainage discharge.

The following ancillary works shall be undertaken, where required: (a) the relocation of underground services where required by the positioning of new drainage and road infrastructure.

(b) the relocation of above ground power and telephone services.

All works undertaken in a public place are to be maintained in a safe condition at all times. 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. Environmental Management

An Environmental Management Plan ("EMP") which addresses the following matters is to be prepared in respect of development on the Site and provided to Council 3 months prior to the commencement of operations associated with the Metal Recycling Facility:

(a) Environmental management procedures required to ensure compliance with the Protection of the Environment Operations Act 1997, the Waste Minimisation and Management Act 1995, the Dangerous Goods Act 1975, the Contaminated Land Management Act 1997 and the Rivers and Foreshores Improvement Act 1948 and all associated Regulations (and all Acts which amend, repeal or supplement this legislation).

(b) Responsibility of all employees of the Metal Recycling Facility in relation to prevention of pollution and training requirements (including, without limitation, the prevention of explosions, fires and the pollution of water, soil and air);

(d) The storage and handling of all waste either brought onto the Site or generated as part of the development (including, without limitation, details of the lawful off-site disposal of all waste);

(e) Procedures to prevent pollution of air, surface and ground water and soil;

(f) Response procedures and preventative measures in relation to pollution incidents;

(g) Compliance with the ESCP required as part of this consent, including without limitation, information in respect of the following matters: (i) How the Sedimentation Pond will have sufficient capacity to service all development on the Site (including details of a maintenance schedule to ensure the regular removal of sediment from the Pond)

(ii) Details of how the sediment will be removed from the Pond

(iii) An assessment of the potential for hydraulic connectivity between the Sedimentation Pond and groundwater

(iv) Plans showing the lining of the Sedimentation Pond. (h) The storage and handling of dangerous goods in accordance with the Dangerous Goods Act 1975, all associated regulations and the requirements of the NSW WorkCover Authority including without limitation the removal of volatile, explosive and hazardous materials from the feedstock; the triple rinsing of tanks and the removal of tanks from cars. (i) The minimisation of the emission of noise and vibration to ensure compliance with the conditions of this consent;

(j) The establishment and implementation of a complaints register at all times; (k) Details of an emergency evacuation plan.

All contaminated soil and other contaminated material excavated from the Site as part of the development must be removed from the Site and disposed of by a licensed contractor at a facility licensed under the Waste Minimisation and Management Act 1995. A report is to be prepared by a suitably qualified consultant detailing the contamination remediation measures required as part of the proposed excavation/construction works. Council may require remediation works and or removal of the soil and or groundwater, depending on the report's recommendations. Following this, an independent validation of the remediation works by an environmental consultant will be required and a report submitted to Council.

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE Road Damage

The cost of repairing any damage caused to Council's assets in the vicinity of the subject Site as a result of construction works associated with the approved development is to be met in full by the applicant/developer prior to the issue of an Occupation Certificate. Should the cost of damage repair work not exceed the road maintenance bond (see Part A of this consent) Council will automatically call up the bond to recover its costs. Should the repair costs exceed the bond amount a separate invoice will be issued to the applicant/developer in respect of these works.

Any temporary toilet facilities provided during construction works are to be appropriately dismantled, disconnected and removed from the Site.

All temporary builder's signs or other Site information signs are to be removed upon the completion of Site works.

All temporary soil erosion controls employed during construction are to be removed and other permanent measures in accordance with the ESCP are to be implemented prior to the use or occupation of the development. Works-As-Executed Plans

A work-as-executed plan (to a standard suitable for microfilming) prepared by a Chartered Professional Engineer or a Registered Surveyor must be lodged with Blacktown City Council when the engineering works (bulk earthworks) are complete. Service Authorities

The applicant is to obtain a Trade Waste Approval from the Sydney Water Corporation Limited in relation to any discharges to the Corporation's sewerage system.

A final clearance is to be obtained from both Integral Energy and the Sydney Water Corporation if such clearance (in the form of a Notification of Arrangement or a Section 73 Certificate) has not previously been issued. Discharges to Water

As the premises is a "Scheduled Premises" within the meaning of the Protection of the Environment Operations Act, 1997, an application for an environmental licence shall be made to the EPA. A copy of the licence is to be submitted to Council prior to the issue of the Occupation Certificate. Fire Safety

The development must comply with the requirements of the NSW Fire Brigades including but not limited to the following: (a) The hydrant system is to be extended to control and extinguish any fires.

(b) Details of how contaminated fire water is to be contained are to be provided to the Council.

(d) At least a 1.0m clear access is to be provided between stockpiles and the Metal Recycling Facility and its components in the event of a fire hazard.

(e) DELETED. 65. A copy of the Stormwater/Management Scheme required by Condition O4.1 of the EPA's General Terms of Approval (held at Attachment "B" of this consent) shall be provided to Council prior to the issue of the Occupation Certificate.

OPERATIONAL MATTERS Compliance with the general terms of approval of the EPA and DLWC

The development must be carried out in accordance with the general terms of approval of the EPA and the DLWC which are annexed and marked "A" and "B" respectively, as amended by the conditions of this consent. A copy of all reports and information required to be submitted to the EPA and DLAWC, must be submitted to the Council contemporaneously.

The hours of operation of activities associated with the Metal Recycling Facility shall not be outside of the following nominated times: Approved hours of operation: Monday to Friday: 7.00am - 5.00pm Saturday: 7.00am - 3.00pm

No activities are to be conducted on the Site on Sundays or Public Holidays.

Restrictions on volumes of raw and processed materials

No more than 60,000 tonnes of raw scrap metal can be processed in the Metal Recycling Facility in any one year. The 60,000 tonne limit is inclusive of all material to be processed in the hammermill (including, without limitation, car bodies).

The only raw materials that can be processed in the hammermill facility is general metal scrap which contains no volatile or potentially explosive substances (including, without limitation, petrol tanks).

Each year, car bodies may comprise no more than 10% of raw material processed in the Metal Recycling Facility.

Each year, car bodies which are to be processed in the Metal Recycling Facility shall not comprise in excess of 10% of the raw materials stored on the Northern part of the Site.

Car bodies which are to be processed in the Metal Recycling Facility must not be stored on the Southern part of the Site.
No goods, materials or trade wastes are to be stored at any time outside the building on either the internal vehicular driveway, car parking area, landscaping, footpath or other than in approved garbage receptacles. Car parking and traffic

A minimum of 20 carparking spaces in total are to be provided on Site, each having minimum dimensions as follows: (a) uncovered - 2.5m x 5.2m;

(b) parking for plant equipment - appropriately signposted, and linemarked;

(d) the queuing area is to be appropriately sign posted.

The internal driveway and parking areas are to be designed in accordance with Australian Standard 2890.1.

Soil and other material must not be deposited on roads adjoining the Site by vehicles entering or leaving the Site.

Records must be kept of all scrap metal, including car bodies received for processing in the Metal Recycling Facility. In addition to the volumetric records from the vehicle weighbridges on the Site, records must be kept which particularise the type of scrap received, and the date on which it was received. These records must be made available to the Council officers for inspection annually following the commencement of the operation of the Metal Recycling Facility.

Video surveillance equipment must be installed to record all raw material as it enters the Metal Recycling Facility.

Video recordings are to be on a "continuous tape" basis whereby the tape is retained in the event of an explosion or fire.

All video recording is to be kept for a period of 90 days except in the event of an explosion or fire in which case the video recording must be retained for 5 years and provided to the Council and the EPA upon request.

Prior to the commencement of the operation of the Metal Recycling Facility, an inspection procedure plan must be submitted to the Council detailing the following: (a) How the type and tonnage of all scrap material (including car bodies) received each month for processing in the Metal Recycling Facility will be recorded; (b) Inspection procedures to ensure that no volatile substance is processed in the Metal Recycling Facility;

(c) The installation of video monitoring equipment in accordance with the conditions of this consent; (d) The keeping of written records of all materials which are received at the Site and processed in the Metal Recycling Facility; (e) Procedures to be undertaken for: (i) the safe removal from the Site of any explosive or volatile substance received at the Site: (ii) the decommissioning of vehicles including, without limitation, details of the mechanisms for removal and draining of petrol tanks; and

(iii) the removal, storage and disposal of petrol, oil and all other fuels, fluids and substances removed from raw material received at the Site.

The development must be carried out in accordance with the inspection plan required to be submitted pursuant to condition 82.

No projectiles of any kind will be discharged from the Metal Recycling Facility.

No crushed cars can be received on the Site for processing in the Metal Recycling Facility except those vehicles inspected, treated and crushed by Sell & Parker.

All petrol tanks and LPG gas tanks must be manually removed from cars prior to the car being processing in the Metal Recycling Facility. Petrol tanks shall not be removed by way of a grab crane or any other mechanical device.

All petrol tanks must be drained of fuel and triple rinsed with water.

Petrol tanks removed from vehicles on Site must be stored in a separately bunded area in accordance with the requirements of the EMP referred to at condition 53.

Petrol tanks, LPG tanks, pressurised tanks or any tanks containing volatile substances shall not be processed in the Metal Recycling Facility.

All cars received on the Site will be separately stockpiled in the raw material stockpile area. Sufficient distances must be maintained between stockpiles of cars and other raw materials to allow Fire Brigade access in the event of a fire in either stockpile.

A separately bunded area will be provided for the purpose of draining of vehicle fuel tanks. This bunded area shall be located at a safe distance from the raw material stockpile area in accordance with the requirements of WorkCover NSW and the EPA. This bunded area shall not be located on the Southern part of the Site.

The bunded area referred to at condition 91 shall be roofed sufficiently to prevent the entry of stormwater into the bunded area. The design, construction and operation of the bunded area shall be in accordance with the EMP referred to at condition 53.

All LPG tanks, pressurised tanks or any tanks containing volatile substances removed from cars or any material that enters the Site must be placed in a separately bunded area and removed from the Site in accordance with the requirements of the EMP.

No material that may, either individually or in combination with another substance, cause an explosion if processed in the Metal Recycling Facility shall be processed in the Metal Recycling Facility.

A sign must be erected at the entrance way to the Site stipulating that the following substances must not be brought on to the Site: (a) Flammable substances;

All pressurised vessels received at the Site, including without limitation, LPG, butane and propane, shall be stored in accordance with the requirements of the Dangerous Goods Act 1975; the Dangerous Goods (General) Regulation 1999; the Occupational Health and Safety Act 1983; the Factories Shops and Industries Act 1962; the Workplace Injury Management and Workers' Compensation Act 1998; the Workers' Compensation Act 1987 and all associated Regulations (and all Acts which amend, repeal or supplement this legislation).

All decommissioned vehicles are to be kept in a separate storage area from vehicles which have not been decommissioned. Clear signage is to be erected on the Site distinguishing the separate storage areas.

All raw materials and processed materials are to be stored in separate storage areas at all times. Clear signage is to be erected on the Site distinguishing the separate storage areas.

The water injection system in the Metal Recycling Facility is to be operational at all times that the metal recycling facility is in operation.

The noise amelioration works identified in all approved drawings and the EIS (as amended by these conditions) must be implemented and maintained.

Noise at the Site boundary of the premises must not exceed an LA10(15minute) noise emission criterion of 70dB(A).

Noise from all activities on the Site is to be measured on the adjoining premises within one metre of the boundary to determine compliance with condition 101.

The L10 residential noise boundary contribution from operations on the Site under isothermal conditions shall not exceed 50dB(A) at Sunnyholt Road and 44dB(A) at Camorta Close.

Within 90 days of the commencement of the development, noise measurements must be carried out showing compliance with the noise limits required pursuant to this consent. The results of the tests must be submitted to the EPA and the Council within 14 days of the tests being carried out.

If the noise measurements submitted to Council pursuant to condition 104 show a failure to comply with the noise limits at conditions 101 and 103, a noise mitigation plan must be submitted to the Council within 28 days of the submission of the noise measurements in accordance with condition 101 and 103. The noise mitigation plan must identify how compliance with these conditions will be achieved.

All air blast over pressure levels resulting from activities during the operation of the Metal Recycling Facility, including without limitation, explosions, must not exceed 120dBLin(peak hold) when measured at any boundary of the Site.

An air blast over pressure monitor must be installed at the boundary of the Site.

Records of all air blast pressure measurements in excess of 120dBLin (peak hold) must be submitted to Council in writing every 30 days following the commencement of the operation of the metal recycling facility. Information in relation to the cause, date and time of all air blast pressure measurements must be included in this report.

In the event that air blast over pressure levels from the operation of the Metal Recycling Facility exceed 120dBLin (peak hold), a plan of management must be submitted to the EPA and the Council within 14 days identifying how compliance with the maximum permissible air blast over pressure level will be achieved.

The over pressure monitoring system must be capable of measuring and reporting to a limit not less than 165dB(Lin).

Soil and water management measures identified in the ESCP must be introduced and be effectively maintained to the satisfaction of the Council. Plans and details of the proposed measures must be submitted to the certifying authority with any application for a construction certificate. The plans should describe procedures for erosion control, surface and subsurface drainage and stabilisation structures as well as a schedule for any necessary phasing of these works.

A dry sweeper incorporating a vacuum extraction system is to be used to remove dust and other particles from the sealed traffic areas of the operation.

In periods of high wind (>8 metres per second), it will be necessary to reprogram dust generating activities which cannot be adequately controlled by water or other means and may cause nuisance to people or property.

During operation of the proposed metal recycling facility operations an air quality monitoring network must be established to the satisfaction of EPA and Council. This monitoring should at least include 30 day dust deposition [maximum dust deposition not to exceed 2 grams per square metre per month (g/m2mth) above background to a maximum of 4 g/m2mth total solids]. Car Parking and Access

All car parking spaces and internal roads shall be properly maintained and in a condition which is free of dust.

All vehicles are to enter and leave the Site in a forward direction, and all on-Site traffic is to be one-way. Appropriate directional signage is to be erected and kept in a well-maintained condition and should be clearly visible.

Both driveways shall be widened to 8.0m for at least the first 10.0m measured from the kerbline of Tattersall Road, with the addition of a 4.0m radius kerb return on the inside of each driveway (one side only).

The exit driveway is to be at least 6.0m sealed width, with additional side clearances for at least 0.3m.

A directional control signposting system must be installed to the satisfaction of Council.

Raw material stockpiles are not to be any closer than 30m from the northern kerb of the weighbridge access road or any location where the stockpiled material would affect the proposed circulation system, with stockpiling also to not prevent vehicular access to the material stockpile.

Signs shall be erected to prevent drivers entering the Site by way of the exit driveway.

A dynamic sign to be placed on the entry driveway approximately 110 metres from the front boundary of the Site. The sign shall direct drivers to the first available vacant weighbridge.

All loading and unloading operations are to take place at all times wholly within the confines of the Site.

No vehicles are to queue on Tattersall Road in connection with deliveries of material to the Site.

The installation of the 5000L hydrocarbon tank referred to at Figure 2.3 of the EIS will be certified by an appropriately qualified environmental engineer. Landscape Maintenance

All landscaped areas are to be maintained at all times in a suitable manner.

The use of the approved development shall, at all times, be conducted in a manner consistent with the terms and conditions of this consent.

Instructions concerning procedures to be adopted in the event of an emergency are to be clearly displayed on the premises for both public and staff information at all times to the satisfaction of Council, prior to commencement of the use.

A maximum of 6 skip bins are permitted to be kept on the Northern part of the Site and are to be stored on the location shown on the approved plans at all times.

A separate storage area which is bunded is to be provided for the storage of hazardous materials. This area will be maintained in accordance with the requirements of the New South Wales WorkCover Authority and the Dangerous Goods Act 1975 and all associated regulations.

All metal cutting/grinding activities are to be undertaken at a safe distance from any dangerous goods stored on the Site and comply with the requirements of the New South Wales WorkCover Authority and the Dangerous Goods Act 1975 and all associated regulations.

Unhindered access for all service/trade waste vehicles is to be maintained at all times. In particular, this applies to the waste enclosure on the north-western part of the Site, and the dangerous goods storage area.

The 4.0m high wall and all fencing is to be maintained in a satisfactory manner. No advertising is permitted on the wall fronting Tattersall Road.

No stockpile on the Northern portion of the premises is to exceed 7.0m in height. Permanent markings are to be placed on the inner side of the wall along the northern boundary of the premises to Tattersall Road to monitor the height. This marking is to run along the entire wall and be clear and visible at all times.

The Metal Recycling Facility and its components are to be provided with the necessary design features which will prevent any fallout of projectiles and/or debris. These features are to be employed at all times during the operation of the Metal Recycling Facility. These features are to be kept in a proper working order, and the Metal Recycling Facility is not to be operated without these additional safety measures.

A copy of the acoustical report required by condition L3.3 of the NSW Environment Protection Authority's General Terms of Approval (held at Attachment "B" of this consent) is to be provided to Council upon its preparation. Any components not previously identified as a noise source in the EIS are to be assessed. In addition to this, any noise emissions from existing structures or operations on the Site and any impact of this noise or employees working on the Site are to be assessed. A copy of the report detailing the noise mitigation measures are to be submitted to Council.

Within 90 days of commissioning of the Metal Recycling Facility a compliance certificate from an accredited acoustic consulting engineer shall be submitted to Council and the EPA setting out the results of monitoring and confirmation of compliance of the boundary criterion and the sound level pressure contribution at residential receivers.

Validation reports on the ongoing performance of the water quality control measures shall be provided to Council within six months of commencement of operation of the Metal Recycling Facility. Monitoring data is thereafter to be provided to Council at six-monthly intervals.

All plant and equipment powered or propelled by internal combustion or diesel engines used on the Site must be properly maintained to ensure exhaust emissions comply with the Protection of the Environment (Operations) Act. Nuisance

Spillage of light, if any, shall be controlled so as not to cause nuisance to the amenity of adjoining land.

If artificial lighting is proposed full details are to be submitted indicating the manner in which adjoining properties are to be protected.

If an intruder alarm is installed on the premises it shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997.

PART A - ENGINEERING WORKS Drainage Works

Drainage from the Site must be connected into: (a) the existing Site drainage system.

Landscaping Bond - a cash bond or bank guarantee in the sum of $10,000 is to be lodged with Council to ensure the effective establishment and maintenance of landscaping. The bond or guarantee is to be lodged prior to the release of the Construction Certificate and will be returned on the following basis: (a) 50% on completion of landscaping to Council's satisfaction;

(b) 25% six months after the completion date of the landscaping, subject to Council being satisfied that the maintenance program is proceeding satisfactorily;

(c) 25% residue to be refunded twelve months after completion, subject to satisfactory maintenance of the landscape area.

Restoration of Public Roads - 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.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : Sell & Parker Pty Limited v Blacktown Council [2001] NSWLEC 12 APPLICANT: Sell & Parker Pty Limited PARTIES : ACN 000 101 315

At a glance

Court

Decision date

Before

Source

Judgment (173 paragraphs)

Parties

Cases Cited (1)

Cited By (1)