staff report 3 - attachment (i) - mid-coast council...this service station is a relic of the past...

DRAFT CONDITIONS OF APPROVAL 347/2016/DA General Requirements

The following conditions of consent are general conditions applying to the development. 1. The development is to be carried out in accordance with the details submitted with

application 347/2016/DA and the stamped plans (as amended by the following conditions).

2. Provision being made within the site for a manoeuvring area to accommodate a 25

metre B-Double in accordance with the design guidelines of Austroads. Prior to the Issue of the Construction Certificate The following conditions of consent must be complied with prior to the issue of the Construction Certificate. 3. A Geotechnical Report for pavement design of the proposed roadworks, including any

work on the adjacent public road, prepared by a suitably qualified and practicing engineer must be submitted to Council for approval.

4. All work required to be carried out within a Public Road Reserve must be separately

approved by Council under Section 138 of the Roads Act, 1993. Such works include road openings, temporary work zones (which may involve use of parking spaces), road / kerb & gutter / footway and, driveway crossings.

The existing driveway crossing must be reconstructed to Council’s requirements. Prior

to undertaking the works the applicant must contact Council for inspection to determine the extent of the works.

A separate application must be submitted to and approved by Council. Driveway applications require design approval prior to the commencement of construction.

Prior to Commencement of Works The following conditions of consent must be complied with prior to any works commencing on the development site. 5. Soil erosion and sediment control measures are to be provided on the development

site in accordance with Council's Development Control Plan 2010. 6. A Traffic Control Plan (TCP) is to be prepared by a qualified person and submitted to

Council. No works are to commence until the TCP has been received by Council. 7. Council must be provided with photographic evidence of any existing damage to

Council infrastructure fronting or adjacent to the development site. Otherwise any damage is assumed to be related to the development and must be rectified in accordance with Council’s current standards at no cost to Council.

During Construction Works The following conditions of consent must be complied with during the construction stage of the development.

Staff report 3 - Attachment (i)

8. All adjustments to existing utility services made necessary by the development are to be undertaken by the developer at no cost to Council.

Prior to Issue of the Occupation Certificate The following conditions of consent shall be complied with prior to the issue of an Occupation Certificate. 9. Parking areas, access lanes and vehicle movement areas are to be reconstructed

with an asphalt seal in accordance with the recommendations of the Geotechnical Engineer’s report, and drained, with the parking spaces permanently and clearly identified.

10. Any damage caused to Council owned infrastructure, including the verge area, in

connection with the construction works are required to be rectified in accordance with Councils current standards at no cost to Council.

Ongoing Operations The following conditions of consent shall be complied with through out the operational life of the development. 11. The land use is to be carried out in a manner so as not to interfere with the amenity

of the area by reason of unreasonable noise, smell, fumes, oil, waste water, waste products or otherwise.

12. No parking of vehicles shall take place on the access driveways.

Staff report 3 - Attachment (i)

Received by Records on 29/03/2016 Scanned @ 08:48:12_ Page 1

I H & J L CARRUTHERS

GREATER TAREE CITV Cni writ

24 MAR 2016

100 Jericho Road Moorland NSW 2443 Phone (02) 6556 3398 j and ianc@gmaiLcom

March 23, 2016 Petula Bowden Development Services Greater Taree City Council 2 Pulteney St. Taree NSW 2430

Re. Development Application No. 347/20I6/DA

RECEIVED CSC

Part of the proposal in the D/Application has already been completed pre DA. The Ad-Blue tank installed in 2013. The main development not mentioned in this D/Application is the construction o f a 3"1. Southern access driveway, constructed in 2014, to accommodate large B -Double Trucks. Which we believe constitutes an expansion of their business. We see that part of the proposal is to Bituminize and so combine the 2 lawful (original) driveways with the new southern driveway, which transverses considerable road reserve, which we are led to believe has been constructed without due process and Council approval, and thus proven when the applicants state that the access points have been in use for the known history of the service station. This is obviously wrong and misleading.-Refer photos and the 1987 plan supplied. As you would be aware, ratepayers need to lodge a D A for a driveway/access to cross a road reserve, Especially so in a commercial situation such as this, where potentially large volumes o f heavy trucks are involved. We object to the proposal for the following reasons: 1. An obvious lack and disregard for due process. 2. The application constitutes we believe, an unlawful expansion o f the driveway, hence business to accommodate larger B. Double trucks. 3. This expansion o f this heavy truck refueling depot is incompatible with the 7 objectives of the 'Greater Taree Local Environment Plan 2010. Zone RU 1-Primary Production. Please check 4.0 Assessment Of Relevant Planning Instruments, 4.1 4. The Application has many wrong answers and assumptions. As follows:- Statement of Environmental Effects 3.1, They state- access located wholly within the confines of their property.-Wrong, as a large Section of the new southern access transits along the road reserve to Jericho Rd. (see photo.) They also state that these access points have been in use for the known history of the service station. This Is obviously untrue. ( see photo's and 1987 plan) They state 3.1:-Reduced damage to Jericho Rd. and reduced noise. Wrong, how can a potential increase in truck activity, result in less noise and less road damage? They also state that this proposal is in the public interest. How is it in 'our 'public interest? When we live opposite all this potential 24 hr noise, scurry and pollution. 4.1 They sum up by saying that their proposal is considered compatible with the surrounding and existing Environment. We would not fmd the expansion of this business compatible with our "shared" environment, More exhaust fumes, more noise etc.

TRIM Record No 16/11966 Staff report 3 - Attachment (ii)

This Development Application appears to be an attempt to cover up unlawful development and hence, Expansion. It must be remembered that the zoning of this area is RU 1-Primary Production, not Industrial. This Service Station is a relic o f the past Old Pacific Highway, which no longer exists, and is now in an area that is no longer suitable. Just last night at approximately 2.30 am on the 23-3-2016 a semi trailer exploded into flames and was totally destroyed right out the front of our property, opposite the service station( refer photo) The Fire fighters were frustrated by a lack of water hydrants to fight the fire, as we have no reticulated water supply in our village, the potential for a far larger disaster is obviously real. This also impacts on the spirit o f community. This business should be located on the new highway where it belongs. The more this business is encouraged to expand by fair means or "foul," the more unsuitable it becomes, in our otherwise very pleasant small rural village. Thanks.

I H &JL Carruthers _

L.- C‘suyu.i.k.Dvs Moorland South.


•

• 0

:4'4ff.

-""!


c<a:ki e

C- e-rt,-- t:/r

/ 3 d . V ; 7 1 , 7

e 20(3 TRIM Record No 16/11966

Staff report 3 - Attachment (ii)

/1/i2A-/-lcr7 20/6

.2,c2


• ••

Pt I AAP 11

ftSAIO

•-•

re100.0111 Amy% limailpf

‘.1

s•or

\-4,0 \re

.1.4•"+'

'

wn..•••••.•••.m.10.

t:•Ln=1:4=.—$:=1:=MO=AL=IbANIUSZ404.

ft

?"••

P/IVO .S •

/1010/11/hs. 40464,11M•40,

'OP

1.1

OWN 31100 2.1.10 ON0410alsi

J P161114111 1140.004

.1441pire AA,*

• roma sou.or.onermer • 1•11.0.0

r

s ••••.•••••••10 • mos*.

(#.

1. •

• rkk

I

•

40 I A 'V id Nolorappie. )40* 414444

PIN .0011411

wr.vt "MOW 410.111641

i401400, 11.1044..,

AVO111/.111411 Miami


•

0

•

o•

.041•••••

ot41V

•••••••11.11.1•0,

• • FAO est.*

-0

••••

-• ~4We. Mts. .0104,01

••••••••••••• • ••••••••,•1 .1.0.101 ••••• Ix...

•

II I114•4•••4...waimoiwwIr......‘

ir1elY0‘1.• IIN•11Ohl.,

OWN 31113111 POrtei 2.1.19 ØN 1010CMI

11414Planr*Hiermat‘ ..''''•44s'.....*

- .11-1"Q ' " '1"--rirm#04)• p ,

--"" itio clump, (i 1,411.,! .1_ Area

• , I sousts to

sow* ..e ••

i 1 I 41•01111•4

. .

T. . pie—

r-..---&-tx„,.. ...... 1 . 4. 7-1/ 1

1g3a. 6 "3 h

emp, ~a too 4or.

)(moat, L

II•440110,8•• 4411•104 'MOP

1•40.911P 4010. $.011••••

rowel* II I "wow

• .112046•1001110/0,101 • 4.11...


Received by Records on 29/03/2016 Scanned @08:44:00 Page 1

GREATER VAREE CITY COI INC1

IKErViral,

The General Manager

Greater Taree City Council

24 MAR 2016 RECEIVED CSC

231d March 2016

RE: DA 347/2016 DIESEL TANK AND DRIVEWAY ACCESS

99 JERICHO ROAD MOORLAND

SUBMISSION

Perusal o f the subject application/proposal together with supporting documentation reveal that it is both inadequate, false and misleading, as such it should be rejected outright.

Yours faithfully

John Ke g

58 Jericho Road

Moorland 2443

Ph. 65563823


Received by Records on 29/03/2016 Scanned @ 08:48:58_ Page 1

GREATER TAREE Cliv Cnt INCh

2 4 MAR 2016

RECEIVED CSC

Objection t o Application No 347/2016/DA

I wish to s t a t e I a m strongly aga ins t t h e Application to expand t h e service s ta t ion opposite m y h o m e i n Je r i cho Road to accommodate eas ie r access a n d services t o heavy vehicles including t h e larger B Doubles.

This i s a residential a r e a a n d a refuelling depo t a n d t r u c k s top for heavy vehicles i s incongruous i n a smal l village, a n d completely des t roys the ameni ty o f m y home.

The 'known history ' of t h e service s ta t ion a s s t a t ed i n t h e Application d o c u m e n t i s con t ra ry to m y experience, I have lived opposite this e s t ab l i shment for 3 0 years.

The driveways have b e e n enlarged a n d t h e n e w s o u t h e r n 'access ' po in t as s h o w n i n t h e Application m a p only appea red illegally i n 2 0 1 3 a n d t h e Diesel E x h a u s t Fluid T a n k h a s a lso a l ready been illegally installed.

This Application i s a f r audu len t a t t e m p t t o legalise developments which have a l ready t a k e n place cont rary to p lann ing laws a n d t h e ameni ty o f Jericho Road residents.

There have b e e n several let ters wri t ten to t h e General Manager complaining a b o u t t hese illegal developments s ince ear ly 2014

A development o f t h i s n a t u r e shou ld b e located i n t h e Taree Service Centre, n o t i n a smal l residential a r e a s u r r o u n d e d by homes.

Council would b e well aware of t h e problems c a u s e d to res iden ts b y this local service s ta t ion which h a s expanded illegally into a heavy vehicle fuelling cen t re over t h e l a s t two years.

Residents shou ld n o t b e subjec t to t h e r i sks o f heavy vehicle noise and pollution, n o r t h e dange r s o f t r u c k fires a s occurred 2 : 2 0 a m o n Wednesday morn ing 23rd March. No staff were i n a t t endance a n d (with 2 4 h r s igns on t h e H'way) the re i s also a n absence of a n y access to firefighting equipment o r fire hydran t s . If t h i s t ruck ' s cargo h a d conta ined highly inflammable l iquids o r dange rous chemicals , n e a r b y res idents would have b e e n in very real danger.

Council shou ld b e looking af ter t h e hea l t h a n d ameni ty o f res iden ts rather t h a n ass i s t ing a n o u t o f town Fuel Company increase i t s profits a t the expense of o u r peace a n d quiet, a n d n o t allow th i s Application to proceed.


I would expect t h e General Manager o f Council t o m a k e t h e service station comply wi th t h e original approved p l a n of 1987 for a village service station a n d a s k for all t h e illegal developments to b e removed, n o t sanc t ion them wi th a DA Approval.

Yours faly,

Marjorie Winter 9 2 Je r i cho Road Moorland 2443


OBJECTIONS TO Applicotion 3471201 6/DA

We do not support this Development Applicotion in ony shope nor form, os it is bosed on,ond conioins folse ond misleoding informotion.

The opening poge of the opplicotions intent is to justify the instollotion of the Addition of l20KL Diesel Exhoust Fluid Tonk which Council hos olreody ollowed to be in instolled illegollyof ihe service stotion.

The following sections of the opplicotion then includes o Proposolfor on oddiiionoldevelopment which literolly is hidden in the contents of this documeni.

Drivewgvs

The purpose of lhis opplicolion is lo focililote lhe inlensificolion of lhe service slolion inlo oheovy vehicle refuelling depot for which il hos no volid use righls.

The following Stotemeni of Environmentol Effects in the Proposol includes 'seoling theexisting drivewoy occess' which ore 'cunently subject to erosion ond pot holes'

The erosion ond pot holes referred to ore beside the opproved driveway (87/174) ond hoveoccuned os heovy vehicles hove enlorged these drivewoys, the originol opproveddrivewoy is not suitoble for the heovy vehicles now using the service stotion os o truckrefuelling depot without volid Use Rights.

The odditionol unopproved southern drivewoy oppeored in June 2013 os B Doubles begonlo drive over lhe gross rood verge. Photos showing this occunence hqve previously beenpresenled lo Council.

This 'occess' wos not in existence until 2013 ond it is osiounding Council hove produced ophoto with o supposed 'occess' shown, when similor oeriol photos we hove ocquiredbefore ond ofter ihe dote of the photo council produced, show no such drivewoy in

exislence prior lo June 2013!

Council in folsely cloiming thql the qbove drivewoy hod been in exisience since 200?

demonstroles on onogont contempl for lhe inielligence of residents in Jericho Rood.

The opprovolST/174 cleorly shows lhe one seoled southern enlry/exit drivewoy qnd there isno provision for o drivewoy scross lhe grossed noture slrip.

Noise

The opplicotion occepts noise is o problem to surrounding homes os the proposed works

reduce noise 'due to improved opprooch ongle to the entry/exit, resulting in less

monoeuvring'.

This 'monoeuvring'wos nol needed with the originolservice stolion which should beoperoling within its 'Use Righls' qnd wos nol designed for lhe purpose lhe sile is now beingillegolly used.


The odditionollroffic proposed by the new owners of lhis sile is lo intensify lhe heovyvehicle lroffic lo lhis sile, enlorging lhe business beyond ils originol Use Righls would moslcerloinly increose lhe noise ond inconvenience lo neorby residenls.

Environmenl

The sunounding locolity comprises primorily of RllI primory produclion!

This siolemenl is intenlionolly misleoding, indeed folse os the s?te for lhis frqudulenl DA issurrounded by homes on bolh sides. ond opposite. A lotql of six dwellings in closeproximity.

It is the responsibility of the developer to consider the impoct of noturol ond BUILT

environments.

This Applicolion does nol loke inlo considerolion lhe impoct of exponded heovy vehiclemovemenls qnd slreel porking on lhe sunounding homes.

Council should be very owore of the odvers6 impocts on the omeniiy of the surroundinghomes, including noise ond heolth problems creoted both by dieselexhoust polluting theoir in ond oround our homes, with the stress of disrupted sleep, ond the inherent donger toRotepoyers of heovy vehicle occidents ond fires, os recently experienced.

Hqd the corgo of the lruck which cought fire in fronl of o home in Jericho Rood ol2:30omon23/O3/16 been lnflommoble liqulds or dongerous chemlcols, resldents would hove beenexposed lo exlreme donger.

The problems concerning the service stotion hove been discussed with Councilon monyoccosions over mony yeors ond were supposed to ceose ofter the highwoy byposs, quote:

"il is considered thal Moorlond should nol act as a Highway Service Cenfre for vehiclesposf byposs of fhis village" (Council popers 7 December 2005)

Controry to the infended ond folse impression given in the Proposol,lhe service slolion sileis sunounded by homes, not by fields of ogriculturol lond!

Known Hislorv?

Our known history of this service stotion begins with the DA 871174, since then with theexception of o new seweroge system in 2010 (with doubis on conditions yet to be met?)NO olher volid Consenls exist.

The proposolwithin lhe submitted DA is lo formolise the exponsions ond enlorgemenisillegolly qdded in recenl limes on o sile lhql hos no oppropriole consenls for lhe type ofoperolion being conducted, os exposed by FOI's.

We esloblished in 2005 thot lhe service slolion/cofe hod no qppropriole consenls looperote os o lruck slop or tor 24 hour trqding lhrough our FOI invesligolions. Council'sresponse wos to seek o legol opinion. Bosed on this legol opinion which colls into doubt thehonesiy of the 24 hour operotion, Council permitted the continued operotion.

A Commissioner of the Lond qnd Environment Court exploined lhol q Legol Opinion wos juslthol. on opinion, ond in no wqy did it constilule o consenl untillesled ol low.


ll wos nol until lole l99l lhot lhe service slolion opened tot 24/6lroding wilhoul onyoppropriole consent.

It wos of this time thot comploints were first lodged with Council continuing through to 2005,

regording the noise, truck drivers defecoting on lowns ond urinoting on gordens. Rotinfestotions ottrocted by the truck driver's disposed uneoten foodstuff ond wroppings onthe rood reserye in front of homes. Noi to mention the 'Lqdies of the Nighls' most distostefulrubbish.

Councilwould be owore the service siotion hos disrupted the life.of residents to thedetriment of their heolth ond the destruction of their omenity over mony yeors pre byposs,perusol of Council correspondence willshow the continued problems now suffered byresidents post byposs.

Porkino

Porking hos been shown on lhe DA os Not Applicoble?

ll is certoinly Not Applicoble lo hove lorge heovy 27 mehe vehicles porking in o residenliolslreel in o smoll bypossed Villoge lhroughout the night, every nighi.

All other Businesses in Jericho rood, ond indeed ollservice slotions in residentioloreos oreobliged lo provide off slreel porking for lheir customers.

The service stotion is no exception, ond os o villoge service stotion/cof6 operoting within its.

Use Rights would not present the serious problems thot hove been coused to Rotepoyers in

Jericho Rood by Council's illogicol ond questionoble octions in foiling to implement thepost byposs Moorlond plon, ond then reversing the Villoge Byposs!

Truck Stops ond Service Cenlres should be locqled in NON RESIDENTIAL AREAS - PERIOD

As in Tqree.

With the State Government now focusing on Councils'performance, we areconfident that the GTCC will be called to account for its atrocious handling of thisand other matters as raised in our complaints.

M & C Hamilton114 Jericho RoadMOORLAND

02 6556 3264

24l03l2Ot6.


staff report 3 - attachment (i) - mid-coast council...this service station is a relic of the past...

Documents