Northern Adelaide Waste Management Authority …...Northern Adelaide Waste Management Authority...

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Development Assessment Commission 13 April 2016 1 AGENDA ITEM 2.2.1 Northern Adelaide Waste Management Authority (NAWMA) Change of use of the existing building to a Material Recovery Facility 71-75 Woomera Avenue EDINBURGH 361/L004/17 TABLE OF CONTENTS PAGE NO AGENDA REPORT 2-16 ATTACHMENTS 1: DEVELOPMENT PLAN PROVISIONS 17-48 2: APPLICATION & PLANS a. Plans b. Planning Consultant report c. Odour Assessment report d. Traffic & Parking Assessment Report e. Stormwater Management Plan f. Application form and Certificate of Title 49 50-63 64-83 84-93 94-104 105-110 3: AGENCY COMMENTS 111-118 4: COUNCIL COMMENTS 119-124 5: REPRESENTATIONS 125-139 6: RESPONSE TO REPRESENTATIONS 140-144

Transcript of Northern Adelaide Waste Management Authority …...Northern Adelaide Waste Management Authority...

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Northern Adelaide Waste Management Authority (NAWMA) Change of use of the existing building to a Material Recovery Facility 71-75 Woomera Avenue EDINBURGH 361/L004/17

TABLE OF CONTENTS

PAGE NO AGENDA REPORT 2-16 ATTACHMENTS

1: DEVELOPMENT PLAN PROVISIONS 17-48 2: APPLICATION & PLANS

a. Plans b. Planning Consultant report c. Odour Assessment report d. Traffic & Parking Assessment Report e. Stormwater Management Plan f. Application form and Certificate of Title

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50-63 64-83 84-93 94-104 105-110

3: AGENCY COMMENTS 111-118 4: COUNCIL COMMENTS 119-124 5: REPRESENTATIONS 125-139 6: RESPONSE TO REPRESENTATIONS 140-144

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OVERVIEW Application No 361/L004/17 Unique ID/KNET ID 1810 - 2017/04395/01 Applicant Northern Adelaide Waste Management Authority Proposal Change of use: Existing light industrial building to a Material

Recovery Facility Subject Land 71-75 Woomera Avenue, Edinburgh Zone/Policy Area Urban Employment Zone Relevant Authority Development Assessment Commission Lodgement Date 31 January 2017 Council City of Salisbury Development Plan Salisbury Council – Consolidated 15 December 2016 (including

s29(2)(b)(ii) Amendment – 19 January 2017). Type of Development Merit Public Notification Category 2 Representations 3 Representations received (2 on the one representation) with

all wishing to be heard. Referral Agencies Nil Report Author Brett Miller RECOMMENDATION Development Plan Consent subject to conditions EXECUTIVE SUMMARY The proposal is for the change of use of an existing (vacant) building to a Material Recovery Facility to be run by the Northern Adelaide Waste Management Authority (NAWMA). NAWMA is a Local Government regional subsidiary of the Salisbury, Gawler and Playford Councils. NAWMA provides a waste management service for these councils in the northern area of Adelaide. The proposed facility is to receive, sort, bale and dispatch recyclable materials retrieved from the yellow-lid bins as part of the existing three-bin waste collection service. The subject land is located within the Urban Employment Zone within Edinburgh Parks and contains an existing building that was previously used by a car-parts manufacturer. The first objective of the Zone states that it is for mixed use employment that primarily accommodates a range of industrial uses together with other employment and business activities. The Zone also talks to high technology facilities, and promotes business clusters that provide a range of economic and environmental benefits. The application underwent Category 2 public notification. Three adjoining businesses have opposed the development. The application has been assessed on its merits against the provisions of the Salisbury Development Plan and it is the recommendation of this report that it exhibits sufficient merit to warrant the granting of Development Plan Consent. ASSESSMENT REPORT 1. BACKGROUND

The City of Salisbury wrote to the General Manager - Planning & Development in February 2017 requesting that DAC be appointed the relevant authority for this application as there had been an earlier application for a Material recovery facility and service depot assessed by Council. This application underwent public notification with representations raising a jurisdictional concern on whether there is a subsidiary

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relationship between Council and NAWMA (that would enliven Clause 2 of Schedule 10). It is noted that NAWMA is a regional subsidiary established by the Councils of Salisbury, Playford and Gawler under Section 43 of the Local Government Act 1999. The request was considered and it was determined that there may be a potential for a perceived conflict of interest, therefore the DAC became the relevant authority for the new development application for a Material Recovery Facility.

2. DESCRIPTION OF PROPOSAL

Application details are contained in the ATTACHMENTS. The proposed development involves the change of use of the existing building on site to a Material Recovery Facility for the receipt, sorting and dispatch of recyclable materials from kerbside collection. The development includes utilisation of the existing car parking area and access ways around the site, along with some additional manoeuvring area to the rear of the site. There is proposed to be an extensive environmental education centre within the building and a weighbridge on the western side of the building. The proposed development is to replace the existing Material Recovery Facility in Edinburgh North and will be developed with state of the art technology that has not been used in such a facility before within Australia. The incoming materials are proposed to be sorted and baled within the indoor environment before being temporarily stored prior to collection and dispatching from the site. The applicant has advised that the imported technological systems and machinery are far superior to those previously in use at NAWMA’s existing facility. New technology automates much of the sorting process including a range of sorting and separating equipment with monitoring systems that allows for the process to be viewed and controlled from outside the sorting area. The proposed equipment is capable of managing 25 tonnes of material per hour. The applicant has advised that in the 2014-15 financial year, NAWMA processed 21,000 tonnes of recyclable material, with this figure to increase at the proposed facility. The facility is proposed to receive material collected from kerbside recycling bins and will include materials such as paper, cardboard, glass, plastics, steel and aluminium materials. No putrescible waste, green waste, or E-waste is to be received at the site. The applicant is proposing to incorporate NAWMA’s administration and customer service operations within the administration area of the building. NAWMA is also proposing to conduct its educational program from the site which is anticipated to cater for more than 4,000 school students annually in structured tours. The proposed hours of operation of the facility is, 6am to 6pm Monday to Friday and 7am to 12pm on Saturday.

3. SITE AND LOCALITY

3.1 Site Description The site consistent of 1 allotment, described as follows: Lot No Street Suburb Hundred Title Reference

506 Woomera EDINBURGH MUNNO PARA CT 5960/ 906

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The subject site has a frontage of 102 metres to Woomera Avenue and is situated approximately 150 metres east of the Woomera and West Avenues intersections. The site does have a secondary frontage to a private road to the north known as Tugger Way (owned by Renewal SA). The site has depth of 188 metres and a total area of 1.918 hectares. The site currently contains a large building, associated driveway and carparking areas that essentially occupy the southern half of the allotment. The perimeter is fenced with black chain mesh fencing that is topped with three strands of barbed wire. The previous use of the building was for car part manufacturing. The building is of a contemporary design with a two storey office area to the front of the site and existing truck access doors to the building to the rear.

Figure 1 – Location Map

The site is relatively flat and has areas of well-established landscaping to the boundaries of the site, particularly the western boundary. There are two easements to the south-western corner of the site which contain electrical infrastructure.

Subject Site 

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3.2 Locality The locality is characterised by low intensity industrial uses, with large allotments containing substantial buildings of an industrial and commercial nature. There are a number of vacant sites yet to be developed within the locality. Land uses in the locality include: Coates Hire, a freight management company, a specialist engineering company, an engineering company, a computer programming business and a pallet repair and distribution facility for food crates.

4. COUNCIL COMMENTS

4.1 City of Salisbury Council were referred the application. As they had previously reviewed ) a similar application (but without making a determination due to concerns raised at the Development Assessment Panel hearing and judicial review proceedings being lodged with the Court, their comments were quite detailed and included excerpts from an earlier report presented to their Development Assessment Panel. Council has no objection to the proposed development, subject to the conditions outlined in their earlier report. The recommended conditions have been included in the recommendation.

5. STATUTORY REFERRAL BODY COMMENTS

Environment Protection Authority

The proposal represents a form of development that represents a matter that is of major environmental significance as identified by Schedule 22 of the Development Regulations 2008. As such the application has been referred to the Environment Protection Authority (EPA) in accord with Schedule 8 item 11. The EPA has a power of direction on this form of development. The EPA considered the proposal and determined the following:

Given the proposed development is for the receipt and processing of recyclable materials only (including plastic, paper, glass, aluminium and cardboard) and that no putrescible waste (including green waste) or E-waste would be received and/or processed at the site, the EPA considers the proposed development would not create adverse noise and air quality (including odour) impacts at the closest sensitive receivers located approximately 420 metres south west of the site. Provided all recycling depot operations would be undertaken within the proposed operating hours, the EPA is satisfied the proposed recycling depot is unlikely to result in unacceptable impacts to the environment.

The EPA did not direct any conditions for an approval (should it be granted), however suggested four advisory notes, which were considered appropriate and are attached to the recommendation. The full referral response is contained in the ATTACHMENTS.

6. PUBLIC NOTIFICATION

The application was notified as a Category 2 development pursuant to requirements of the Development Act 1993 and the Development Regulations 2008. Public

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notification was undertaken (by directly contacting adjoining land owners and occupiers) with 3 representations being received. The below table has only been split into two representor ID’s to reflect the fact that one person is acting for two representors and submitted a single representation covering the concerns of both parties.

Representor ID

Issue Applicant’s Response

R1

Uncertainty around what constitutes recyclables

The response document clearly states that the development is only for Recyclable material and no other aspect of the NAWMA operations.

EPA referral and concerns that the EPA does not consider the issue of the purpose of the zone and the circumstances / conditions in the immediate locality.

No comments supplied.

Potential adverse impacts on the locality as there are a number of uses in the locality that are sensitive to the environment in which they are established. The representor considered the development to be inconsistent with the high quality built form in the locality.

The zone envisages a mixture of developments and the use of best=-practice technologies is to minimise the potential impacts beyond the site.

Concerns that the existing building is not of the same standard as that in the locality.

In terms of built form this proposal is using an existing building.

Potential for litter to escape the site and have an adverse impact on the locality and other businesses in the area.

The materials are to be sorted indoors with fast track curtain doors to minimise litter escape risk.

Traffic movement impacts due to the increased truck movements in the locality arising from the development of the subject site.

The road network has been reviewed and has capacity to cater for the proposed development.

Potential odour impacts beyond the site boundaries.

Odour report supplied that states that the development is within EPA standards.

Dust concerns All trafficable areas are to be sealed to reduce any potential dust impacts.

Fume concerns from the trucks entering and exiting the site

No response supplied.

Potential vibration effects from truck movements.

Not considered to be any material vibrations that would affect adjoining properties.

The representation considered the development to be at odds with the Development Plan objectives and Desired Character Statement as the Development Plan seeks high technology/research facilities in

The use of state of the art technology not used anywhere else in the state is highlighted to address this concern.

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Representor ID

Issue Applicant’s Response

the Zone. Concerns as to the future plans for the neighbouring site and the vacant portion of land to the rear of the subject site.

It has been confirmed that this is the application presented for a decision with no aspect of the development extending to the neighbouring site.

There has been concern raised as to the categorisation of the development (Category 2). The representation suggests that the Development Plan attempting to treat “all” forms of development as either category 1 or 2 is beyond the power conferred by development legislation. The representation states: “A Development Plan is only ‘permitted’ to treat a particular form of development as a Category 1 or Category 2 development i.e. the legislative scheme does not permit the Development Plan to assign “all” development as a category 1 or 2 development.”

Maintained that the development is a category 2 form of development in accordance with Section 38 of the Development Act 1993 and pursuant to Regulation 32(3)(b) of the Development Regulations 2008.

R2

Concerns around the neighbouring site and its inclusion in a previous application that has not progressed in its assessment. It is contended that DAC should not disregard the previous intentions for the development of the neighbouring site.

It has been confirmed that this is the application presented for a decision with no aspect of the development extending to the neighbouring site.

Potential impacts on the representors HACCP (Hazard Analysis and Critical Control Points) Certification. It is suggested that this may occur with the escape of litter, migration of dust and other airborne pollutants, presence of odour and the attraction of birds, pests and vermin.

No specific response provided other than to reference the works are to be undertaken indoors, EPA standards have been met/exceeded and the fact that this facility is to receive recyclable material rather than putrescible waste.

Concern that the Development Plan promotes industrial uses that are compatible with the adjoining uses and this proposal is not considered to be appropriate given the locality.

The zone envisages a mixture of developments and the use of best=-practice technologies is to minimise the potential impacts beyond the site.

Concerns around the correct categorisation of the development. This representor is concerned around the procedural matters section of the Urban Employment Zone

Maintained that the development is a category 2 form of development in accordance with Section 38 of the Development Act 1993 and pursuant to Regulation 32(3)(b) of the Development Regulations 2008.

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Representor ID

Issue Applicant’s Response

and them being a product of valid exercise of powers within Section 38(2)(a) of the Development Act 1993.

Figure 2 – Representation Map All representors wish to be heard by the Commission. A copy of each representation and the applicant’s response is contained in the ATTACHMENTS.

Subject Site 

R2 

R1

R1

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7. POLICY OVERVIEW The subject site is within the Urban Employment Zone as described within the City of Salisbury Development Plan Consolidated 15 December 2016. Relevant planning policies are contained in Appendix One and summarised below.

Figure 3 – Zoning Map.

Subject Site 

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7.1 Zone The Zone is proposed to accommodate mixed use employment with a range of industrial land uses, other employment and business activities that generate wealth and employment for the state. It also promotes business clusters that provide a range of economic and environmental benefits with a high standard of development that promotes distinctive built form outcomes, landscaping and streetscape design to provide a high level of visual and environmental amenity. The desired character statement specifically discusses desirable land uses including a wide range of activities that generate employment, focusing on industry, indoor industrialised horticulture and associated processing and packaging, transport and technology-based activities that can operate on a twenty-four hour, seven day per week basis where appropriate, together with offices and industry-related training and educational establishments. 7.2 Council Wide The Council Wide provisions provide guidance on a range of elements to the proposal including advertising, crime prevention, street and public realm design outcomes, car parking, access, hazards, noise, air quality, setbacks, interface concerns and stormwater.

8. PLANNING ASSESSMENT The application has been assessed against the relevant provisions of the City of Salisbury Development Plan, which are contained in Appendix One.

8.1 Quantitative Provisions As the proposal is utilising the existing building located on site most of the Development Plan’s quantitative provisions are not relevant to the assessment of this proposal. The only one that is relevant is in relation to traffic and this is considered in the below heading Traffic Impact, Access and Parking 8.2 Land Use and Character The Zone encourages a mixture of industrial based employment generating developments. The Zone outlines a list of envisaged forms of development with a Material Recovery Facility neither being envisaged nor a non-complying use in the Zone. The Zone also discussed technology as a key aspect to the zone and the fact that this proposed development is to be utilising cutting edge technologies that have not been used in such a facility within South Australia and potentially across Australia, tends to suggest that portions of the development are considered to be entirely appropriate within the Zone. Conversely to the above technology argument the Zone does discuss within the Desired Character statement that there should be a high level of compatibility between land uses in the zone to ensure a quality and attractive business environment is maintained. It could be argued that the location of a recycling facility in the locality could cause compatibility issues with neighbouring developments, however the applicant has outlined that the sorting and receipt of the recyclable material is to occur within the building and therefore demonstrated that the use can maintain compatibility with neighbouring uses. The existing building is well setback from all boundaries, and provides a separation of more than 50 metres to the nearest building, located west of the subject site. In terms of the storage of baled materials,

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this is to occur at the rear of the building with a greater separation to any neighbouring site. It is also noted that the Zone encourages developments that provide an educational aspect and provide environmental benefits. The proposed use on site includes a substantial educational and community awareness program that will promote the environmental sustainability aspects of a recycling facility. Figures supplied by the applicant indicate that in 2014-15 NAWMA presented a total of 179 education and community awareness sessions that involved 4,750 children and 1,504 adults. The fact that this facility proposes the reception of recyclable material means that it will serve an environmental purpose (through reducing landfill volumes) and therefore suitably meets this aspect of the Development Plan. 8.3 Design and Appearance The proposed development is a change of use of the existing building and does not propose to make alterations to its external appearance. It is noted that a representor has raised a concern with the building, as constructed, and suggested that the building fails to meet the Development Plan requirements in terms of it being a high standard of development in the locality. The applicant is not proposing to remove any vegetation from the site, hence maintaining the amenity and appearance of the site currently. 8.4 Traffic Impact, Access and Parking The applicant engaged Phil Weaver and Associates to undertake a review of the traffic, access and parking impacts of the proposed development. The proposed development is looking to utilise the existing 36-space carpark located at the front of the building. Figures provided by the applicant indicate that these spaces will be to cater for up to 14 administration staff and up to 20 material recovery staff with the remaining two spaces allocated for visitor parking. Principle of Development Control 19 for the Zone specifies carparking requirements for industries, warehouse, stores and similar developments. The Principle provides the following rates:

Utilising the table the building, as constructed and configured, would require the supply of 31 spaces. The site currently provides 36 spaces in front of the building that are proposed to be utilised for the new development, therefore the development satisfies the Development Plan numerical car parking requirements. The figures provided by Phil Weaver & Associates indicates that the oversupply of carparking in this instance will be utilised by the proposed staffing numbers whilst still allowing for two visitor spaces.

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In terms of access to and from the site the proposal is utilising the existing access points, however there is proposed to be alterations in the movements allowed through these access points. The western access point is to be for entry only with this providing access to the carparking area, temporary bus parking area and to the rear of the site for truck access. The eastern access point is to be altered to exit only from the rear of the site and from the carparking area. The layout of the site does not allow for separation of heavy vehicles and passenger vehicle traffic. The Development Plan is relatively silent on separating vehicle classes, however it is generally a positive outcome to separate the uses. In this instance the consolidation of access points and having no effect on the existing established landscaping is of greater benefit to the site and locality than separating the vehicle access points. The proposed traffic generation from the site is anticipated to be in the order of 150-200 vehicle movements per day. The traffic consultant engaged by the proponent has concluded that these movements will be able to be accommodated in the existing road network, with the existing traffic volumes on the road network relatively low. The potential peak movements of 40 vehicles per hour is considered to be reasonable for a development within this locality. The application in its current form, when assessed against the Development Plan is supportable from a traffic management and carparking perspective. 8.5 Environmental Factors

8.5.1 Odour Emissions & Interface with other properties The applicant has engaged a consultant to review the potential odour emissions emanating from the proposed development. The consultant reviewed and modelled the emissions from the existing material recovery and waste processing facility in Elizabeth. The modelling was undertaken in accord with the EPA guidelines. The Development Plan has a number of objectives and principles in the general section that relate to minimising the impact of developments on nearby developments. The modelling indicates that the proposed development would accord with the EPA standards. It is noted that the EPA standards are to the nearest sensitive receptor, that being residential properties and to facility numbers. In this instance, there is concern from neighbouring industrial uses that the odours will impact on their staff. The odour report indicates that the proposed facility will generate ground level odour at 1 Odour Unit when the facility is fully operational, with this largely contained on the subject site. There is a slight escape of odour from the site to the south however this appears from the modelling to be partially contained within the road reserve and then into the site to the south. The EPA threshold for odour emissions to facilities with less than 300 people is 6 Odour Units, therefore the proposed development accords with the EPA requirements. It is also considered that the development generally accords with the Development Plan requirements in so much as it minimises the negative impacts from the site by virtue of the sorting and baling of the materials to occur within the building and the building is to be fitted with fast track curtain doors that open and close within 5-10 seconds to minimise opening times. It is also noted that a condition is attached to the recommendation of this report to ensure that these doors remain closed unless vehicles are traversing the openings.

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It has been raised by both representations that the potential odours emanating from the site will have an adverse impact on future development in the area and on their own businesses. In response to these concerns it is noted that the facility is not receiving putrescible waste and the potential contaminated recyclable waste received on site is in the order of 1-2%. These products are transferred by enclosed conveyors to waste packers for direct containerising and transported off site. There has been concerns raised in relation to dust impacts beyond the site, however as mentioned above the sorting and baling is to occur within the building that is to be fitted with fast track curtains to minimise opening times. The roadways will also be sealed to prevent dust from truck movements. It is considered that all potential interface concerns have been addressed and shown by the Odour assessment and EPA response indicating no concerns with the modelling nor development that the design and layout of the development is considered to meet the relevant provisions of the development plan in relation to interface.

8.5.2 Stormwater Management The proposal includes a stormwater management plan that is proposed to address the Development Plan requirements, within the Desired Character Statement for the Zone, which states “Water Sensitive Urban Design systems, including the harvest, treatment, storage and reuse of stormwater, will be integrated throughout the area at the neighbourhood, street, site and building level, taking advantage of large allotment sizes and impervious areas.” The stormwater management plan indicates that WSUD treatments will be used to regulate the quality and quantity of stormwater discharged from the site. The existing swales on site do not have a formal outlet so it appears that they are used as retention storages on site to infiltrate into the underling soil. The stormwater report states that the levels of the swales is such that they overflow direct to the adjacent street rather than creating flood risk for the building on site. Given there is minimal works to occur on site to alter the existing stormwater management on site the preliminary report is considered to meet the Development Plan requirements in relation to stormwater management. It is noted that there is a condition requested by Council that is attached to the recommendation of this report that outlines the final stormwater management requirements to ensure no external impacts from the site.

8.6 Signage The proposal does not include additional signage for the subject site, the proponent is merely replacing the existing entrance signage with the NAWMA logo. As there is no proposed alteration to the signage dimensions or proposing any illumination this aspect is therefore not development.

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9. CONCLUSION The proposed development is considered to meet the Development Plan requirements for carparking, access, design and appearance, stormwater management and the use of technologically advanced products on site. There are considered to be two aspects for debate in relation to the proposal with these being the interface with other developments in the locality and the location of a waste management facility in the locality. It is noted that the proposed development is not for a full waste management facility rather it is for a material recovery facility which does not receive putrescible waste other than that found as contaminants within the material to be recycled. It is also noted that the sorting and baling works are to occur within the building. These are important factors in assessing the potential impacts for the proposed development and it is considered that the proposed works should not have an adverse impact on the neighbouring businesses in the area. The Zone and Development Plan as a whole does not stipulate locations for material recovery facilities, nor should it, rather it considers these facilities to be positioned in appropriate locations based on impact minimisation. It is considered that the design and operation as proposed will minimise any adverse impact beyond the site boundaries and therefore is located on an appropriate site. When assessed against the provisions of the Development Plan the proposed development is not considered to be seriously at variance. 10. RECOMMENDATION It is recommended that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT seriously at variance with the policies in the Development Plan.

2) RESOLVE that the Development Assessment Commission is satisfied that the proposal generally accords with the related Objectives and Principles of Development Control of the City of Salisbury Development Plan.

3) RESOLVE to grant Development Plan Consent to the proposal by Northern

Adelaide Waste Management Authority for the change of use of the existing building to a Material Recovery Facility at 71-75 Woomera Avenue, EDINBURGH subject to the following reserved matters and conditions of consent.

PLANNING CONDITIONS 1. Except where minor amendments may be required by other relevant Acts, or by

conditions imposed by this application, the development shall be established in strict accordance with the details and stamped plans relating to Development Application No 361/L004/17.

2. The hours of operation of the facility shall be limited to Monday to Friday 6:00am to 6:00pm and Saturdays 7:00am to 12:00pm.

3. The Material Recovery Facility shall not receive, handle or sort green waste matter or putrescible waste at any time (except such material that is received as contaminants of recyclable waste.

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4. All doors around the perimeter of the Material Recovery Facility shall be kept closed during operations, except where otherwise required to facilitate the movement of baled materials by forklift or during the entry and exit of trucks.

5. Except where otherwise approved, no materials, goods or containers shall be stored

in the designated car parking area or manoeuvring areas at any time.

6. All recommendations and commitments contained under the approved stormwater management plan, odour assessment, traffic parking assessment and URPS planning report shall be completed, prior to commencement of use and met at all times.

7. Stormwater systems shall be designed and constructed to cater for minor storm

flows (Industrial/Commercial ARI = 10 years). The design of the stormwater system shall ensure that no stormwater is discharged onto any adjoining land. Surface stormwater is to be managed in a manner that ensures no ponding of water against buildings and structures, no creation of any insanitary condition, and no runoff into neighbouring property for the major storm event ARI = 100 years.

8. All driveways and parking areas shall be constructed with either brick paving,

concrete or bitumen to a standard appropriate for the intended traffic volumes and vehicle types. Individual car parking bays shall be clearly line marked. Driveways and car parking areas shall be established prior to the approved use commencing and shall be maintained at all times to the satisfaction of Council.

ADVISORY NOTES a. The development must be substantially commenced within 12 months of the date of

this Notification, unless this period has been extended by the Development Assessment Commission.

b. The authorisation will lapse if not commenced within 12 months of the date of this

Notification. c. The applicant is also advised that any act or work authorised or required by this

Notification must be completed within 3 years of the date of the Notification unless this period is extended by the Commission.

d. The applicant has a right of appeal against the conditions which have been imposed

on this Development Plan Consent or Development Approval. e. Such an appeal must be lodged at the Environment, Resources and Development

Court within two months from the day of receiving this notice or such longer time as the Court may allow.

f. The applicant is asked to contact the Court if wishing to appeal. The Court is located

in the Sir Samuel Way Building, Victoria Square, Adelaide, (telephone number 8204 0289).

g. The applicant is reminded of its general environmental duty, as required by section

25 of the Environment Protection Act 1993, to take all reasonable and practicable measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm.

h. An environmental authorisation in the form of a licence is required for the operation

of this development. The applicant is required to contact the Environment Protection Authority before acting on this approval to ascertain licensing requirements.

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Information on applying for a licence (including licence application forms) can be accessed here: http://www.epa.sa.gov.au/business_and_industry/applying_for_a_licence

i. A licence may be refused where the applicant has failed to comply with any

conditions of development approval imposed at the direction of the Environment Protection Authority.

j. EPA information sheets, guidelines documents, codes of practice, technical bulletins

etc. can be accessed on the following web site: http://www.epa.sa.gov.au

Brett Miller PRINCIPAL PLANNER PLANNNG AND DEVELOPMENT (DPTI)