City of Charles Sturt
54.
TO:
Development Assessment Panel
FROM:
Manager Planning and Development
DATE:
17 December 2014
DAP Report 17/12/14
HINDMARSH WARD
ITEM 3.81 71 GIBSON STREET BOWDEN SA 5007
Applicant
Hummingbird Homes (SA) Pty Ltd
Development Application No
252/1592/14
Proposal
Demolition of existing structures and construction of
two, two-storey residential flat buildings comprising 11
dwellings
Owner of land
Mr L Amori and Ms C Amori
Zone
Residential Zone
(Inner Suburban Policy Area 15)
Form of assessment
Merit
Public notification category
Consent Cat 1 No Notice
Agency consultations
Nil
Author
John Tarasiuk - Development Officer - Planning
Attachments
Development Plan provisions table
Application documents
C.
d.
3d Perspectives
Review of Soil & Groundwater report
Development Plan
15 May 2014
Recommendation
Approval with Conditions
City of Charles Sturt
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DAP Report 17/12/14
Report
Background
The application was lodged with dwellings 8 to 11 as single storey with single freestanding
carports and entry facing Gibson Street. A negotiation letter was sent to the applicant
requesting changes to the plans, with the primary concern relating to the visual dominance
of the garages from Gibson Street.
The applicant submitted amended plans adding an upper level to dwellings 8 to 11 facing
Gibson Street linking the carport to the dwelling. The amended plans included an increased
side setback to dwelling 1 and an increase to the rear setbacks of dwellings 8 to 11.
Proposal
The application seeks approval to construct two, two-storey residential flat buildings
comprising 11 dwellings with seven (7) dwellings facing Eighth Street and four (4) dwellings
facing Gibson Street.
The dwellings are of a modern design featuring a mix of external cladding materials to the
façades including rendered Hebel cladding and natural anodised aluminium windows, sliding
doors and glass balustrades to the balconies on the upper level and face brick, with a single
width entry door and panel lift garage doors to the lower levels. The dwellings comprise a
mixture of two and three bedroom designs.
Site/Locality
The subject site is located on the corner of Eighth Street and Gibson Street and has an area
of 1655m 2 . The site comprises several buildings currently used as a motor repair station.
The locality comprises a mix of land uses, including industrial land uses located to the north
and west of the site and residential dwellings to the east and south-east. A newly developed
park is located on the southern side of Eight Street.
The Bowden Urban Village development site is located to the south of the site adjacent the
reserve.
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DAP Report 17/12/14
Site Photo: View of Site from Eight Street
4
11j
Site Photo: View of site from Gibson Street
City of Charles Sturt
57.
DAP Report 17/12/14
frAll
Site Photo: View of adjacent Public Reserve from Gibson Street
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77,
Site Photo View of public reserve and adjacent development in Bowden from Eight Street
City of Charles Sturt
58.
DAP Report 17/12/14
Site and Locality Plan
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Subject Site shown in blue and Locality in red
City of Charles Sturt
59.
DAP Report 17/12/14
Internal Consultation
Department/Staff
Response
Traffic
All vehicles are able to gain access to the
site in accordance with Councils and
Australian Standard requirements.
Stormwater
Stormwater Management Plan is designed
in accordance with Councils requirements
Environmental Consultant - Contamination
(GHD)
The report by Mott MacDonald has been
prepared in accordance with the relevant
standards and guidelines, including the ASC
NEPM.
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.
Site Area
(Average m 2
Dwelling 1
(2 Bedroom)
Dwelling 2
(2 Bedroom)
Dwelling 3
(2 Bedroom)
Dwelling 4
(2 Bedroom)
DP provisions
DP
Provisions
Met?
150.45
150.45
150.45
150.45
212 (250m 2
No
reduced by
)
15%)
Building
Height_(m)
Front
Setback (m)
6.7
6.7
6.7
6.7
8.2
Yes
3.5
3.5
3.5
3.5
Average of
Acceptable
(See report
Adjoining (5.5m)
for
discussion)
Side Setback
1.3 - 2
(m)
Walls
Abutting
Private Open
Space_(m 2
Onsite
Parking
35m 2 (22%)
25m' (21%)
Walls
Walls
Abutting
Abutting
25m 2 (21%)
2
No
25m 2 (21%)
20%
Yes
Yes
)
1
1
1
1
1 per dwelling +
Undercover
Undercover
Undercover
Undercover
0.25 Visitor
1 Visitor
1 Visitor
1 Visitor
1 Visitor
City of Charles Sturt
DAP Report 17/12/14
60.
Dwelling 5
(2 Bedroom)
Dwelling 6
(2 Bedroom)
Dwelling 7
(2 Bedroom)
Dwelling 8
(3 Bedroom)
DP provisions
DP
Provisions
Met?
150.45
150.45
150.45
150.45
No
6.7
6.7
6.7
6.7
212 (250m 2
reduced by
15%)
8.2
3.5
3.5
3.5
nil
Average of
Adjoining (5.5m)
Walls
Abutting
25m 2 (21%)
WaIls
Abutting
25m 2 (21%)
1
Nil
Nil
Acceptable
(See report
for
discussion)
Yes
49m 2 (3 1%)
49 (29%)
20%
Yes
1
Undercover
1 Visitor
1
Undercover
1 Visitor
2
Undercover
1
Undercover
1 (2 bedrooms)
1.25(3
bedrooms) +
0.25 Visitors
Yes - 2
bedrooms
No - 3
Bedrooms
Dwelling 9
(3 Bedroom)
Dwelling
10 (3
Bedroom)
Dwelling
11 (3
Bedroom)
DP provisions
150.45
150.45
150.45
Building
Height_(m)
Front
Setback (m)
6.7
6.7
6.7
212 (250m 2
reduced by
15%)
8.2
nil
nil
nil
Average of
Adjoining (2.7m)
Side Setback
(m)
Walls
Abutting
Walls
Abutting
900mm
Nil (Dwellings 9
& 10) 2m
(dwelling 11)
Private Open
Space_(m 2
Parking
Spaces
51 (30%)
55 (3 2%)
93 (44%)
20%
1
Undercover
1
Undercover
1
Undercover
1.25(3
bedrooms) +
0.25 Visitors
Site Area
(Average m 2
)
Building
Height_(m)
Front
Setback (m)
Side Setback
(m)
Private Open
Space_(m 2
Parking
Spaces
Yes
)
Site Area
(Average m 2
)
DP
Provisions
Met?
No
Yes
Acceptable
(See report
for
discussion)
Yes
(dwellings 8
& 10— No
(Dwelling 11)
Yes
)
No
City of Charles Sturt
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Qualitative Standards
Bulk & Scale
Small scale development of up to two storeys
Yes
Visual impact!
Appearance
Development of a medium scale with the mass and bulk
of the buildings orientated towards the street.
Yes
Desired Character
The site is located within the Inner Suburban Policy Area 15. The Desired Character of the
Policy Area envisages a diversity of dwelling types including row dwellings with development
of a smaller scale on narrow frontages with small front setbacks on Gibson and Eighth
Street.
It is recognised that the subject site is located on the edge of the Policy Area near the Urban
Core Zone which has high density development. The proposed density is therefore
considered to be a good transition between the two Policy Areas.
The proposed two storey residential flat buildings present as small scale row dwellings when
viewed from the street. It is considered that the proposed development is consistent with
the development envisaged in the desired character of the Zone.
Land Use
The Residential Zone lists dwelling as an envisaged land use, with the desired character
statement supporting the replacement of existing commercial sites with housing on
decontaminated sites. The proposal seeks to replace an existing commercial site, with a
residential development. It is considered that the proposed residential development is an
acceptable land use.
Inner Suburban Policy Area 15 Principle of Development Control 3 requires a residential flat
building to be provided with an average site area of 250m 2 . However Principle of
Development Control 1 allows for a lesser site area were the site is greater than 1200m 2
with a reduction of 15%, where the site is adjacent a public reserve of greater than 2500m 2
Given that the site has an area of 1655m 2 and is adjacent a large public reserve, a lesser area
can be considered with a reduction to the minimum site area of 15% requiring site areas of
212m 2 average per dwelling.
.
The development proposes for dwellings with individual sites between 124m' to 210m 2 with
an average of 150.45m 2 per allotment. Despite the shortfall in site areas, the proposed
development is considered to provide for a well-designed and sited development which will
enhance the existing site and the immediate locality. The proposal achieves the relevant,
built form, setbacks and private open space for the development. As such the shortfall in
site area is not considered to be detrimental to the achievements of the desired character.
As stated above, the site is near the edge of the Policy Area and will provide a good
transition to the higher density Urban Core Zone located on the opposite side of the reserve,
fronting Seventh Street.
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Given that the two storey dwellings present as a small scale development as envisaged in
the Desired Character Statement, the proposed site areas are considered acceptable.
Visual Appearance/Built Form/Landscaping
The two storey dwellings are of a modern design with facades featuring a mix of recycled
clay bricks on the lower level and rendered masonry to the upper levels. The design is
considered to reflect the mixed nature of the Inner Suburban Policy Area providing
appropriate mass and proportion and materials which reflect the character with the locality.
The façade features a reasonable level of fenestration and articulation and is considered to
enhance the existing site and the character of the locality. The design of the dwellings is
therefore considered appropriate.
Design and Appearance Principle of Development Control 22 and 23 require the setback
from the primary road frontage for new buildings to be compatible with the adjoining
buildings and setbacks within the immediate locality. The adjoining dwelling to the east of
Eighth Street is setback approximately 5.5m from the front boundary, with the next dwelling
over setback approximately lm from the Street boundary. The existing building on the
subject site is setback 3m from the boundary. Whilst not directly in line with the
neighbouring building, the proposed building setback of 3.5m is considered compatible, with
the typical minimal setbacks of commercial buildings located along Gibson Street and is
similar in scale to the existing building and with the exception of the neighbouring building is
setback at a similar distance to the buildings fronting Eight Street and is therefore
considered to be adequate.
Residential Zone Principle of Development Control 14 requires dwellings to be designed in
accordance with the building envelope requirements. The proposed development is
considered to be consistent with the building envelope requirements with the exception of
the corner of dwelling 1, which encroaches within the side setback requirement. The
dwelling is setback between 1.3m to 2m as the site is at an angle to the dwelling. The wall is
located west of the neighbouring dwelling and will have minimal impacts on overshadowing.
The encroachment of the dwelling within the building envelope is considered to be minor
and should not have an unreasonable impact of the neighbouring dwelling.
Residential Development Principle of Development Control 14 requires residential dwellings
located adjacent a public reserve be provided with private open space comprising 20% of
the site area. All dwellings achieve the minimum area of private open space, with dwelling 1
to 7 providing open space in the form of a rear yard and front balconies facing the reserve,
and dwellings 8 to 11 providing open space to the rear of the dwellings and behind the front
garages.
Residential Development Principle of Development Control 13 Requires dwellings be
provided with a 16m 2 private open space with a minimum dimension of 3m directly
accessible from a living area. Each ground level dwelling is provided with the minimum area
of private open space. As can be seen in the quantitative tables, sufficient private open
space has been provided for all dwellings.
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Overshadowing
Design and Appearance Principle of Development Control 9 and 10 require buildings to be
designed to enable direct winter sunlight into adjacent dwellings and private open space. A
minimum of 3 hours of direct sunlight is required to be provided to north facing habitable
room windows and 2 hours of sunlight to the ground level private open space of adjoining
dwellings.
The only adjoining residential dwellings are located east of the site. Whilst dwelling 1 is not
compliant with the minimum side setback requirement, given the orientation for the site to
the west of the neighbouring dwelling, the proposed development will allow for adequate
sunlight and daylight into the adjoining dwelling which is compliant with the Provisions of
the Development Plan.
Overlooking
Dwellings 1 to 8 have been designed with the rear and side upper level windows at 2.1m
above the floor level to minimise overlooking to the adjoining properties. Dwellings 9 to 11
have been designed with obscured glass to the rear upper level windows to minimise
overlooking to the adjoining dwellings. The windows and balconies facing the street will
remain unobscured to allow for passive surveillance of the street and public park.
It is considered that the proposed development has been designed with adequate
overlooking preventative measures to minimise the impacts to the existing adjoining
dwellings.
Environmentally Sensitive Design
The proposed dwellings all have the potential for some cross ventilation and the roof has
potential to accommodate solar collectors and all external windows are provided with sun
shades. The dwellings are required to comply with the six star energy requirements of the
Building Code of Australia. The applicant has indicated that this will be adequately achieved.
The setbacks of the buildings provide for sufficient separation distance to the adjoining
dwellings, as a result the building will not obstruct solar access to adjoining buildings.
It is considered that the provisions for environmental design have been adequately met.
Stormwater Management
A stormwater management concept plan has been prepared by MLEI Consulting Engineers.
The stormwater management plan proposes to use onsite detention to restrict the 100 year
site outflows to the required level in accordance with Councils requirements.
Councils engineer has no objection to dealing with the Stormwater management with a
Reserved Matter.
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Traffic Management and Parking
Table ChSt/2 requires 2 bedroom dwellings within 200m of a bus stop or within 1km of a
District Centre Zone to be provided with 1 parking space with 0.25 visitor spaces and 3
bedroom dwellings to be provided with 1.25 spaces and 0.25 visitor spaces.
Dwellings 1 to 7 are provided with 2 on-site parking spaces and are therefore compliant with
the quantitative standards. Dwellings 8 to 11 are provided with 1 undercover parking space
which has a total shortfall of 2 spaces. The proposed development is defined as a residential
flat building due to a recent ERD Court decision which has determined that row dwellings
require individual titles to have been issued to meet the definition of a "row dwelling". For
all intents and purposes the proposed development has been designed as row dwellings.
Table ChSt/2 exempts row dwelling from requiring dedicated visitor parking spaces which
would require 1 less on-site parking spaces therefore leaving a total shortfall of 1 space.
Furthermore, given that the dwellings do not share a driveway or common land there is no
space for shared visitor parking.
Whilst dwellings 8 to 11 have not been provided with the required visitor parking spaces,
the site is also located within 250m of a bus stop and 480m to the Bowden Train Station
which provides convenient access to frequent public transport, with ample on-street parking
available abutting the public reserve.
Given that the shortfall of on-site parking is minor and adequate on street parking is
available in the immediate locality the proposed on-site parking is considered adequate in
meeting the parking demands of the proposed dwellings.
Crime Prevention
Crime Prevention Principle of Development Control 1 and 2 require development to be
designed to overlook public spaces. Dwellings 1 to 7 are designed with the balconies on the
upper level facing the street and dwelling 8 to 11 are designed with upper level windows
facing the road. The balconies and windows will allow for passive surveillance over the
public street and the public reserve. It is considered that the dwellings have been designed
to overlook public spaces to help minimise crime prevention.
Site Contamination
The site currently comprises a vehicle servicing workshop which is in operation.
An Environmental Site History, Soil and Groundwater Assessment has been prepared by
Mott MacDonald to determine whether the site is suitable for residential use in accordance
with the National Environmental Protection Measures (NEPM) standards.
The report has been reviewed by Adrian Hall of GHD as an independent environmental
consultant for Council, to determine whether the testing and conclusions in the report are
consistent with the NEPM standards.
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Adrian Hall has confirmed that the soil and groundwater samples taken are all within the
NEPM standards for this type of residential use and that there is no significant risk to human
health relating to the potential residential land use. (Refer to Attachment D for full report).
It is therefore considered that the land is suitable for residential use.
Conclusion
The application has been assessed against the Charles Sturt Development Plan dated 15 May
2014.
Despite the shortfall in site areas, the proposed development is consistent with the desired
character statement which envisages a diversity of dwelling types including residential flat
buildings with development of a smaller scale on narrow frontages with small front setbacks
on Gibson and Eighth Street.
Whilst the two storey development presents as a medium density development, the site
located adjacent the Bowden Urban Village Development, is considered to compliment the
prevailing character of higher density development within the locality.
The proposal achieves the relevant, built form, setbacks, provision for on-site carparking and
private open space in a well-designed and sited development which will enhance the
existing site and the immediate locality.
The proposed built form is of a contemporary design which integrates well into the locality.
The proposed setbacks are consistent with the varied setbacks in the locality and therefore
considered acceptable. Given the site is located within close proximity to public transport it
is considered that the proposal has provided sufficient on-site parking.
The proposal is not considered to be seriously at variance with the Development Plan and
hence warrants planning consent.
Recommendation
A.
Reason for Decision
The Panel has read and considered the report prepared by the Development Officer Planning dated 17 December 2014 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 15 May 2014.
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Reserved Matters
The following detailed information shall be submitted for further assessment and
approval by the Manager Planning and Development as delegate of the DAP as
reserved matters under Section 33(3) of the Development Act 1993:
(a)
A stormwater and site management plan and computations are to be submitted
in compliance with the City of Charles Sturt's requirements (see Development
Information Requirement Guides No 56, Stormwater Drainage Plan and No 52
Site Plan, copies of which is available from Council's web site
www.charlessturt.sa.gov.au or can be obtained from Council's office). Note that
the Guide No 56, Stormwater Drainage Plan includes requirements for on-site
stormwater detention based on the post development peak rate of run-off from
the 'design' storm not exceeding that from the pre-development site from a 5
year ARI storm. The 'design' storm requirement is a 100 year ARI design storm.
Reserved Conditions
Pursuant to Section 33(1) of the Development Act 1993 the Council reserves its
decision on the form and substance of any further conditions of development plan
consent that it considers appropriate to impose in respect of the reserve matters and
delegates this to the Manager Planning and Development.
That pursuant to Section 33 of the Development Act, 1993, Development Application
Number 252/0401/14 be GRANTED Development Plan Consent subject to the
following conditions:
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.
1.5 metre high sill height
That the rear upper storey windows of dwelling 8 to 11 have a minimum 1.5 metre
high sill height above the finished floor level or have translucent glass/film to a
minimum height of 1.5 metres. The translucent glass/film windows shall be fixed or
be provided with awning sashes that do not exceed an open distance of 200mm.
Reason:
To minimise the impact on adjoining residents.
Note:
With respect to this condition other forms of screening can be used as
long as it can be demonstrated to Council that such screening will
prevent overlooking. However, should you wish to use an alternative
screening method you are required to lodge an application to vary the
above condition.
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Stormwater be directed away from neighbouring properties
All stormwater runoff shall be directed away from neighbouring properties.
Reason:
To ensure stormwater is disposed of in a controlled manner.
Stormwater Condition
All stormwater from buildings and paved areas shall be disposed of in such a manner
that it does not result in the entry of water into a building or affect the stability of a
building.
Reason:
To ensure the development proceeds in an orderly manner.
Notes
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.
This consent does not give you authorisation to commence the abovementioned work
until your plans which are currently with Council have been assessed for Building
Rules consent. Once these plans have been assessed you will be issued with a final
Development Approval.
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.
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 the proposed activity must comply with the requirements of the
Environment Protection Act and Regulations at all times.
The approval for this development does NOT imply approval to alter, shift or remove
any street tree, side entry pit, stobie pole, bus stop, fire hydrant or other gas,
electricity, water, telecommunications or other similar infrastructure. Approval to
alter any of these or similar infrastructure needs to be obtained from the relevant
government department, private organisation or Council. Any costs associated with
such alteration are the responsibility of the applicant.
Development Approval must be received for this development within 12 months of
the date of this Development Plan Consent.
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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.
Before proceeding with this proposal, you are required to seek Building Rules Consent
pursuant to the provisions of the Development Act, 1993.
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 700pm Monday to Saturday and if necessary on Sunday between 900am and
700pm 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
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
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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.
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.
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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:
Building and construction should follow sediment control principles outlined in the
Stormwater Pollution Prevention - 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
stormwater 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.
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.