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1. That
Development Application No. 2018/321/1 for extension of hours of operation of
existing manufacturing & warehouse use to carry out manufacturing 24
hours a day Monday to Friday and 7.00 am to 3.00 pm Saturday, and truck &
external forklift movements 7.00 am to 7.00 pm Monday to Friday and construction
of an acoustic wall on land at 277-289 Woodpark Road, Smithfield be approved,
subject to attached conditions as amended by the Panel.
2. That
the Environmental Protection Authority be advised of this determination.
3. That
those persons who made a submission be advised of the determination.
4. The
amendment to Condition 8 to read as follows:
Acoustic Recommendations
All recommendations of the
endorsed acoustic are to be separated listed in a document and provided to
Council within 28 days from the date of this consent. All recommendations
that do not require Construction Certificate approval are to be
implemented/completed within three (3) months of the date of this consent.
5. The
amendment to Condition 9 to read as follows:
The acoustic wall referred to
in Section 6 of the Acoustic Report prepared by Be`nbow Environmental listed
in Condition 2 is to be installed and completed within 6 months of the date
of this consent. Note: Compliance with prior to Construction Certificate
conditions is required before construction commences.
PRIOR
TO ISSUE/RELEASE OF CONSTRUCTION CERTIFICATE
The
following conditions must be complied with prior to the issue of a Construction
Certificate, or where relevant prior to demolition occurring. In many
cases the conditions require certain details to be included with or incorporated
in the detailed plans and specifications which accompany the Construction
Certificate:
5.
The amendment to Condition 10 to read as follows:
Amended
Plans to Certifying Authority
Amended
plans/documents shall be submitted to the Certifying Authority, prior to the
issue of a Construction Certificate to address the following issues:
i. A Waste Management Plan is to be provided In accordance
with section 11, Part A of Holroyd Development Control Plan 2013; and
ii.
A detailed landscape plan prepared by
a qualified Landscape Architect/ Designer at a minimum scale of 1:100 must be
prepared, and be consistent with all other endorsed plans and documents. The
plan must also include the following:
Planting of 45 litre minimum container size trees to be
installed and maintained within area of the site between the rear acoustic
wall and rear property boundary. The location/tree
planting spacing is to be advised by the Consulting Arborist/Landscape
Designer to aesthetically screen the wall from adjoining residential
properties. The species of these trees must be selected from the following
list:
o
Eucalyptus moluccana (Grey Box)
o
Eucalyptus tereticornis (Forest Red Gum)
o
Corymbia maculata (Spotted Gum)
o
Eucalyptus amplifolia (Cabbage Gum)
o
Eucalyptus longifolia (Woolybutt)
o
Syncarpia glomulifera (Turpentine Tree).
6. The
amendment to Condition 12 to read as follows:
Plan of Management
A detailed Plan of Management
shall be submitted to the satisfaction of Cumberland Council’s
Executive Manager of Development and Building, within 1 month from date of
this consent. Any amendments to the Plan of Management are not to be put into
effect without the approval of Council, which must not to be unreasonably
withheld. The Plan of Management is to include, but not be limited to, the
following:
·
Loading and unloading of all vehicles including trucks;
·
Truck management including truck waiting areas;
·
Forklift refuelling location;
·
Management of forklift noise during night time hours;
·
Waste management and waste removal provision;
·
Accident handling procedure;
·
A complaint register is to be maintained noting each complaint
and actions taken to address them. A copy of this register must be provided
to Council upon its request; and
·
Complaints Phone Hotline as per the following:
The
occupier/operator is to develop a specific complaint procedure program to
facilitate communication with neighbouring properties and the handling of
complaints. This is to include at a minimum, a 24 hour, 7 day a week phone
hotline to be established.
Details
of the specific complaint procedure program for Jalco’s Smithfield site
is to be clearly visible at a minimum on Jalco’s website, main
reception building fronting Woodpark Road, Smithfield and business
identification signage within the front setback of the premises.
The
details shall include at a minimum details stating the hotline is available
24 hours,
7 days a week to anyone including the general public and list the contact phone
number of the hotline. The details regarding the specific complaint procedure
program including the hotline is to be updated immediately should the details/
hotline phone number change.
7. The
amendment to Condition 30 to read as follows:
The tree/s identified as per
the report prepared to satisfy condition 10(ii), as being
retained/transplanted, shall be protected prior to and throughout the construction
process in accordance with the relevant conditions of this Consent. All
trees not authorised to be removed by this Consent must be retained. Prior to
any work commencing, certification of the installation and inspection of the
required tree protection works is to be provided to the Principal Certifying
Authority by a suitably qualified person or the Arborist (as appropriate)
engaged to ensure the proper protection and management of the tree/s required
to be retained/transplanted. A copy of the Certificate is to be issued
to Council within seven (7) days of the inspection and prior to any works
commencing. Additionally, trees identified for removal are to be retained
until immediately prior to works commencing, to assist with soil management and
erosion control.
8. The
amendment to Condition 55 to read as follows:
Within 9 months of date of
this consent the site is to be inspected by a suitably qualified person and a
noise compliance report is to be prepared and submitted to Council to confirm
that the attenuation measures required to be installed/implemented under this
consent are functioning as intended, and that the premises are complying with
all noise requirements stipulated in this consent, and EPA General Terms of
Approval notice, Notice No. 1584640, File No. SF19/36142, Dated 9 September
2019.
9. The
amendment to Condition 59 to read as follows:
All recommendations of the
Acoustic Report prepared by Benbow Environmental, Report No. 191094_NIA_Rev5,
Revision 5, Dated 26 August 2019 must be adhered to at all times.
10. The
amendment to Condition 66 to read as follows:
Hours of Operation
For the purposes of preserving
the amenity of neighbouring occupations and residents, the operation of the
premises is to be restricted to the following hours:
Internal
manufacturing and internal fork-lift movements
·
Monday to Friday: 24 hours
·
Saturday: 7:00am to 3:00pm
·
Sunday and Public Holidays: No work permitted
Transport
(truck and external fork-lift movements)
·
Monday to Friday: 7:00am to 7:00pm
·
Saturday, Sunday and Public Holidays: No truck/external
fork-lift movements on site permitted.
11. The
amendment to Condition 79 to read as follows:
Storage
of Materials
All
industrial activities including, but not limited to, storage of materials
(including pallets), loading and unloading, cleaning and maintenance and the
like are to be confined within the eastern (storage warehouse) and the
western warehouse (production warehouse) buildings and no such activity shall
occur externally to the buildings unless shown on previously endorsed plans
listed as per condition 80.
12.
The Amendment to Condition 82 to read as follows:
Acoustic Wall
The
acoustic wall and the plantings between the wall and the properties to the
rear of the site are to be maintained and remain in place for the life of the
development.
For: The Hon. Paul Stein AM (Chairperson) QC, Brian
Kirk, Marjorie Ferguson and Allan Ezzy AM.APM.JP.
Against: Nil.
Reasons for Decision:
1. The Panel is
of the opinion that this application be approved subject to strict conditions
of consent. In this latter respect, the Panel has made a number of amendments
to the draft conditions. Amongst those amendments, the Panel requires that
all acoustic works be completed within 6 months from the date of this consent
and further, within 9 months of the date of consent, all acoustic mitigation
measures are satisfied and a noise compliance report is to be submitted to
Council.
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Signed: