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You are invited to attend the next Wollondilly Shire Local Planning Panel Meeting:

Date: Thursday, 28 March 2019

Time: 5.30 pm

Location: Council Chamber

62-64 Menangle Street

Picton NSW 2571

AGENDA

Wollondilly Shire Local Planning Panel Meeting

28 March 2019

Wollondilly Shire Local Planning Panel Meeting Agenda 28 March 2019


Order Of Business

1 Opening ................................................................................................................................ 4

2 Recording of the Meeting .................................................................................................... 4

3 Webcast Notice .................................................................................................................... 4

4 Acknowledgement of Country ............................................................................................ 4

5 Apologies and Leave of Absence Requests ...................................................................... 4

6 Declaration of Interest ......................................................................................................... 4

7 Local Planning Panel Reports – Sustainable and Balanced Growth ................................ 5

7.1 Modification of Conditions of Consent for a Quarry at Glenmore .............................. 5

7.2 Modification of Consent for a Quarry at Wallacia .................................................... 16


1 OPENING

2 RECORDING OF THE MEETING

The electronic recording of the Local Planning Panel meeting and the use of electronic media during the proceedings is not permitted. This includes devices such as laptops, mobile phones, tape recorders and video cameras.

3 WEBCAST NOTICE

Members of the public are advised, that Local Planning Panel meetings are recorded and webcast live in line with provisions under the Environmental Planning & Assessment Act 1979 No. 203. This notice is made as required under Section 18 of the Privacy and Personal Information Protection Act 1998 (PPIPA). The webcasts are publicly available for viewing on Council’s website.

Video footage collected is of the panel and registered speakers. If you do not wish your image to be recorded a panel member or Council officer will, upon request, read your submission on your behalf. Your image, voice, personal and health information may be recorded, publicly broadcast and archived if you speak during the meeting and/or don’t remain in the space provided in the public gallery.

The webcasts and webcast recordings are protected by copyright and owned by Council. No part of the proceedings of a Local Planning Panel meeting may be recorded, copied or made available to others by members of the public without the authority of the Council.

Council may be required to disclose recordings pursuant to the Government Information (Public Access) Act 2009, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation

4 ACKNOWLEDGEMENT OF COUNTRY

The Chair will acknowledge the traditional Custodians of the Land.

5 APOLOGIES AND LEAVE OF ABSENCE REQUESTS

6 DECLARATION OF INTEREST


Item 7.1

7 LOCAL PLANNING PANEL REPORTS – SUSTAINABLE AND BALANCED GROWTH

7.1 MODIFICATION OF CONDITIONS OF CONSENT FOR A QUARRY AT GLENMORE

File Number: 10621#71

Reason for LPP Referral: Council receives royalties in relation to this approval.

DA No: 010.2001.00055682.002

Lot & DP – Subject Site: 711 and DP 1122638 - 440 Burragorang Road, GLENMORE

Proposal: Modification of Conditions of Consent for a Quarry

Zoning: RU2 Rural Landscape

Permissibility: Permitted with Consent

Cost of Development: Not applicable – modification

Applicant: Hi Quality Group

Owner: Hi Quality Group

Notification: The proposal was notified from 16 October to 27 October 2016

Submissions: One Submission was received during the notification period.

Variations: No variations are required.

Site Inspection: The site was inspected on 20 February 2019

Recommendation: Approval subject to Conditions of content


Item 7.1

Development Information

EXECUTIVE SUMMARY

Development consent is sought to extend the life of the quarry for fifteen years, and modify several other conditions of consent.

This application is being reported to the LPP as Council receives royalties for road works from the operator.

One submission have been received regarding this application

Under legislation, a person who makes a relevant planning application or public submission is required to disclose any reportable political donations. The disclosure requirements extend to any person with a financial interest in the application or any associate of the person making a public submission. No disclosure of political donation has been made in association with this application.

It is recommended that the application be approved subject to conditions.

REPORT

Background

A Development Application was approved on 17 December 2001 for “Extensions to an Existing Sandstone Quarry”.

The quarry has been relatively inactive in recent years and the justification for the proposed extension (to the operating timeframe) is due to the materials produced from the quarry not being


Item 7.1

in demand. However during recent times the material has been required for the housing projects in South Western Sydney.

1.1 Description of Site and Surrounding Area

The site is a rural lot which is located at No. 440 Burragorang Road GLENMORE.

Surrounding sites to the north, west and east are all large rural holdings which are pronominally cleared with vegetation in the creek line to the rear of the properties. To the south of the property are small rural lots generally 2 hectares with residential dwellings on the majority of lots. The site has an area of 25.98 hectares and generally slopes towards Camden.

1.2 Description of Development

The approved development is a sandstone quarry that has an existing approval with a lapsing date of 15 years from 17 December 2001.

The proposed modification was formally submitted (14 June 2016) prior to the 15 year period lapsing and as such the application is still valid (Council staff have obtained legal advice to this affect). The time taken to have this matter determined was dependent upon necessary works involving the Blaxland Crossing Bridge located at Bents Basin, completed last year.

Hi Quality (the current quarry operator) seeks to modify conditions 1.2, 2.1 and 2.2 of the DA. In addition Hi Quality seeks to add additional conditions of consent which replace the Environmental Protection Agency (EPA) and Department of Land and Water Conservation Department (DLWC) originally imposed.

This includes an addition 15 years of operation for the quarry,

Modify 2.1 and 2.1 to update the environmental management plan for the operation of the quarry and,

Remove the original General Terms of Approval (GTA’s) by the DLWC and EPA.


Item 7.1

Consultation

The proposal was referred to several internal and external agencies:

External Comment

DPI Water DPI water have agreed to the removal of the GTA’s and the replacement of the GTA’s with the below mentioned condition.

“The quarry must be operated in accordance with the requirements of the Water Management Act, 2000. Irrespective of the granting of this consent or approval by any other Authority, work, as defined by the EPA Act, is not to commence in, on, or under the waterfront land (as defined by the WM Act) without the prior issue of a Controlled Activity Approval CAA from DPI Water.”

EPA No Comments have been received by the EPA.

Internal Comment

Engineering Council’s engineering department have no objection to the proposed continued use of the quarry in its current form and operation.

Environmental Officer Council’s environmental health officer has supported the proposed amendment and has also requested other conditions of consent be amended in relation to this proposed modification:

Which involved; removing conditions of consent that have been met, adding additional conditions of consent in relation to environmental management of flora and fauna, updating conditions of consent that have been superseded with new information and expanding on previous conditions of consent that appear too short in wording.

It is considered that the above suggestion by the Environment Officer are relevant and will be included in the consent.

While these are valid changes for a new development application the proposed modification does not warrant significant changes to an already approved development consent. The proposed changes are included as an attachment to the report.


Item 7.1

1.3 Section 4.15 Evaluation

The following Conditions of consent are proposed (by the applicant) to be amended or deleted as part of this Development Consent:

Condition 1.2

“1.2 Consent is limited to a period of fifteen (15) years from the date of determination of the application.”

The applicant proposes the following:

Consent is limited to a period of thirty (30) years from the date of determination of the application being 17 December 2001.

Comment:

The proposed modification has been assessed under qualitative and quantitate controls. As from 2016 the site has been in fulltime operation until now, post 2016. It is considered that an extension of 10 years is more acceptable. The Council proposes the following condition:

“1.2 Consent is limited to a period of twenty five (25) years from the date of determination of the application being 17 December 2001.”

Condition 2.1

“The applicant shall prepare an Environmental Management Plan (EMP) containing the following components:

(i) Erosion and Sediment Control Plan

(ii) Water Management Plan

(iii) Weed Control Plan

(iv) Flora and Fauna Management Plan

(v) Landscape and Rehabilitation”

The applicant proposes:

“The applicant shall prepare an Environmental Management Plan (EMP) containing the following components:





(v) Landscape and Rehabilitation

An updated EMP shall be submitted to Wollondilly Shire Council within 6 months of the Modification approval approved on the 28 March 2019.”

Comment:

Council agrees to the changes however a period of 6 months is not accepted as the works are already occurring on site. A time frame of 3 months has been recommended. The amended condition is to read:

Revised condition 2.1

“The applicant shall prepare a revised Environmental Management Plan (EMP) containing the following components:


Item 7.1






An updated EMP shall be submitted to Wollondilly Shire Council within 3 months of the Modification approval.”

Condition 2.2

“No activities associated with the development of the proposed extractive industry are to commence until the Environmental Management plan has been approved and submitted by Wollondilly Shire Council”.

The applicant proposes:

“The Environmental Management Plan is to be submitted to and approved by Wollondilly Shire Council.”

Comment: Council has no concerns with the proposed changes, as a time frame has been conditioned in condition 2.1 above. The condition will read as below;


“The Environmental Management Plan is to be submitted to and approved by Wollondilly Shire Council.”

Condition 2.2.4 has been proposed by the applicant to remove the EPA’s GTA’s.

“The quarry must be operated in accordance with the conditions of Environmental Protection Licence No 12998, issued by the NSW Environmental Protection Agency.”

Comment:

The EPA have not responded to any changes to the proposed conditions. As the proposed condition relates to the existing licence that has been approved by the EPA the Council will not remove any GTA’s that the EPA have not agreed to remove.

Condition 2.2.5 has been proposed by the applicant to remove the DPI Water GTA’s.

“The quarry must be operated in accordance with the requirements of the Water Management Act, 2000.”

Comment:

DPI Water have responded to the proposed changes and are happy to have the GTA’s removed subject to the following condition being implemented as part of this approval.



** No other conditions of consent have been proposed to be removed as part of this Modification.

Consideration of the proposal as a Modification

It is considered the development is substantially the same. However, a fifteen year extension to the life of the quarry is not considered warranted. Based on original approval and the proposed


Item 7.1

extension of time is to extract the same amount of material as originally approved it is recommended the proposal be extended for 10 years.

In assessing any application to modify a consent, the task is to compare the proposed modified development against what was originally approved and “…involves an appreciation, qualitative, as well as quantitative, of the developments being compared in their proper contexts (including the circumstances in which the development consent was granted)” as highlighted in the judgement between Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298.

Given the quarry was approved for continued use in 2001, has been operating for approximately 18 years the application to modify the consent for an extension of ten years is considered to be satisfactory in regards to the ‘qualitative’ and the ‘quantitative’ context and as such, it is recommended the development be approved, subject to conditions.

As outline within the submitted Statement of Environmental Effects for the Modification the Qualitative Elements including the use, materials extracted, extraction method and hours of operation remain the same with no changes proposed. However the Quantitative elements have a change only to the project life, while the request for an additional 15 years is reasonable for a new development application to be received it is considered that 10 years is more appropriate as it will only result in a 66% variation to the condition of consent. The proposal is a permitted land use however this approval was granted only for a specific time period, the proposed modification is a seeking to have a variation to the original approval and a 100% increase is not appropriate for a modification.

1.3.1 Provisions of Relevant Environmental Planning Instruments

Environmental Planning and Assessment Model Provisions, 1980

Parts 3, 4 & 5.

Clause Comment

Applications in view of waterway, adjacent to arterial road, public reserve or land zoned as Open Space Cl.5 (1)

Approval of the application will not generate any additional impacts than what has been assessed with the parent application.

Extractive industries or mines – considerations Cl.5 (4)

The reinstatement of the land has already been considered with the rehabilitation and restoration management plan

Mineral sands mine or mines – consultation with Department Cl.5 (5)

This was subject to the original assessment of the Environmental Impact Statement.

Preservation of trees Cl.8 This has already been addressed in the original assessment. There will be no expansion of the footprint of the extraction area and as such, no further tree removal is required.

Restoration of the land will be undertaken and seed from the vegetated areas onsite has been collected and ready for use when works are necessary to comply with the approved plan.

Off street loading etc. facilities Cl.13

There are no concerns with loading/unloading facilities across the site. No further conditions of consent have been recommended by Council’s engineering department.

Services Cl.30 Satisfactory. This has already been addressed in the original


Item 7.1

Clause Comment

application, services are suitably available.

Extractive industry, transport terminal Cl.32

The access to and from the site will not be altered with this proposal, as the proposed extension will only utilise what has already been installed.

Flood prone land Cl.34 The land is not mapped as flood prone.

State Environmental Planning Policy No. 55 – Remediation of Land

Comments: there is no change in use and as such, no further assessment against the provisions of this plan is required. The proposal has been conditioned to remediate the land within the 10 year period, this approval will allow the site to have an additional 10 years to extract materials and remediate the site accordingly.

However, it is recommended that a condition of consent be added to ensure that all materials used in the rehabilitation and restoration of the site be virgin excavated natural material and/or excavated natural material and validation certificates be kept onsite at all times so that any compliance officer, either Council or the Environmental Protection Agency, can inspect at any notice.

Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River

Comments: This proposal will have no new works proposed that are outside the scope of the original approval. While these works are proposed to continue after the original approved time period they are not considered to be beyond the original proposal.

Conditions are in place to ensure that there are no adverse impacts upon the receiving waters through engineering infrastructure.

1.3.2 Provisions of Relevant Draft Environmental Planning Instruments

Not applicable

1.3.3 Provisions of Relevant Development Control Plans

The proposal is not considered to require assessment under the Wollondilly Development control plan 2016 as it was approved prior to this plan and has no changes that required further assessment. A review of the current DCP2016, has not identified any conflicting issues with the proposal in relation to controls and objectives of the DCP.

1.3.4 Draft and/or Planning Agreements Entered or Offered to Enter into

Not applicable

1.4 Impact of the Development

Head of Consideration Comment

Natural Environment It is considered that there will be no adverse natural environmental impact as a result of the approval of the application.

Built Environment It is considered that there will be no adverse built environment impact as a result of the approval of the application.

Social Impacts Subject to conditions, it is considered that the development will no exacerbate any social impacts than what has been assessed in the original this modification.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Depi%20AND%20Year%3D1997%20AND%20No%3D592&nohits=y



Item 7.1


Economic Impacts No negative economic impacts are envisaged as a result of the approval of this application

1.5 Suitability of the Site

Given the previous approval issued, the site is still considered suitable for the development.

1.6 Submissions

Concern Comment

As the quarry now stands it is extremely close to the historic house 'Ellensville', the grazing land on the property, and the Cumberland Plain Woodland, endangered ecological and historical land. When originally established the quarry was required to undertake to mitigate the appearance and extent of the quarry. The steps taken then were inadequate leaving a large exposed area on view and the risk of material from the quarry extending into the Cumberland Plains woodlands in the gully below. Further, work done by the quarry caused significant damage to the structure of the Ellensville homestead due to blasting. This has led to many large cracks appearing throughout the house which the company managing the quarry should either repair, or at the least table with the council what impact the quarry has had on the walls and structure of the homestead. There is also an issue with dust that is created from the activities in the quarry. Dust collection equipment was placed on the Ellensville property, however no communication has been made with myself or family on what the results were from the tests. I would also question whether the quarry satisfies all the requirements of the Wollondilly Local Environmental Plan 2011. I would request: 1) That no extension is granted. 2) That a proper independent environmental impact statement on the effect of the quarry on the underlying gully be performed and provided to all neighbours. Additionally given the historical significance of the gully related to both bush rangers and possible aboriginal use a detailed historical review should also occur.

3) That the quarry is required to have a written arrangement with its neighbours covering

The Council has not been notified of any concerns in relation to the quarries operation, however this can be investigated at a later date as conditions of consent control:

- Erosion and sediment

- Landscaping and Rehabilitation

- Flora and Fauna Management

- Water management and

- Require works to occur in accordance with the EIS.

The subject site is in the vicinity of the following heritage listed properties under WLEP 2011.

90,96 &130 Moores way. These local significance and sited opposite the site to the west. Council is of the view that together with the original approval and now for the modification, there is no significant impact on these items.

Ellensville (farm house) at 340 Burragorang Road is an item located 285 metres to the NE of the site, separated by Flaggy Creek and is screened by approximately 150 meters of bushland. Council is of the opinion that the existing activity and current modifications will have no detrimental impact on this property.

In addition no blasting has or is proposed with this application all materials are extracted with Ripping of a bulldozer.

Council’s Environmental Officer has raise no objection to the application to proceed.

Council has considered the proposed modification which does not propose any increase in the overall quarry, only the time in


Item 7.1

damage caused by any ongoing quarrying before any extension is granted. 4) That any extension is limited to 5 years.

which the material is extracted. All amounts of materials to be extracted are to remain the same, i.e. a maximum of 250,000 tonnes per year for the 10 year period.

Council does not support the extension of 15 years and considered that 10 years is acceptable as a modification.

1.7 The Public Interest

While there has been some public interest and opposition to the proposed development, it is considered that, subject to conditions of development consent, the site is suitable for the development.

The development is considered appropriate with consideration to the zoning and the character of the area and is therefore considered acceptable for the operations to continue for 10 years.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

ATTACHMENTS

1. Statement of Environmental Effects

RECOMMENDATION

That Application to Modify Development Consent 010.2001.00055682.004 to extend the life of the quarry for a further ten (10) years, at Burragorang Road, GLENMORE be approved in the following manner:

Condition 1.2

Consent is limited to a period of twenty five (25) years from the date of determination of the application being 17 December 2001.

Condition 2.1

The applicant shall prepare an Environmental Management Plan (EMP) containing the following components:






An updated EMP shall be submitted to Wollondilly Shire Council within 3 months of the Modification approval approved on the 28 March 2019.

Condition 2.2

The Environmental Management Plan is to be submitted to and approved by Wollondilly Shire Council.

Condition2.2.5 is added to read below and delete GTA’s from DPI Water


LPP20190328AGN2174_files/LPP20190328AGN2174_Attachment_9356_1.PDF


Item 7.1

New Condition 2.7

“All materials used in the rehabilitation and restoration of the site be virgin excavated natural material and/or excavated natural material. The owner of the consent is required to keep validation certificates onsite at all times so that any compliance officer, either Council or the Environmental Protection Agency, can inspect at any notice at any time.”

New Condition 2.8

“Submission of yearly report to demonstrate compliance with bank stability of the adjoining creek to be prepared by a suitably qualified engineer.”

All other conditions of consent remain valid and applicable to this application.


Item 7.2

7.2 MODIFICATION OF CONSENT FOR A QUARRY AT WALLACIA

File Number: 10621#72

Reason for LPP Referral: Continuation of the Royalties for road maintenance

DA No: 010.1991.00000252.004

Lot & DP – Subject Site: Lot 1 DP 23107 – 2595 Silverdale Road, Wallacia.

Proposal: Modification of Wallacia Quarry

Zoning: RU2 Rural Landscape

Permissibility: Existing Use rights

Cost of Development: No cost of works (Modification)

Applicant: Hi Quality Quarry (NSW) Pty Ltd

Owner: Lionel Robert Fowler

Notification: Proposal was notified between the 17 November and 17 December of 2015

Submissions: Four (4) submissions have been received

Variations: No variations are proposed in relation to this proposal.

Site Inspection: A site inspection was conducted on the 20 February 2019

Recommendation: Approval subject to Conditions of Consent


Item 7.2

Development Information

EXECUTIVE SUMMARY

Development consent is sought to extend the life of the quarry for fifteen years, reinstate road access, installation of a wheel wash facility and associated works at No. 2959 Silverdale Road, Wallacia.

This application is being reported to the LPP as Council receives royalties for road works from the operator.

Four (4) submissions have been received regarding this application.

Council has not received to date any ongoing complaints about the business operations.

Under legislation, a person who makes a relevant planning application or public submission is required to disclose any reportable political donations. The disclosure requirements extend to any person with a financial interest in the application or any associate of the person making a public submission. No disclosure of political donation has been made in association with this application.

It is recommended that the application be approved subject to conditions.

REPORT

Background

A report to Council at the February 1992 provided the following:

“The quarry apparently commenced operation in 1972 and was an extension of an approved sand, soil and rubble extraction site upon the lot. The operations of the site came under close investigations by Council’s Extractive Industries Officer in early 1990 and it was revealed that the company was extracting material well in excess of Council’s consent for a number of years. Accordingly, Council directed the company to submit a full Development Application and Environmental Impact Study for the continuation of the quarry and this was submitted in 1991.”

The report also provided the following:

“Sandstone extracted from the quarry is crushed for use in road maintenance and reconstruction works by various councils surrounding the site. Construction companies use material for filling foundations and under car parking areas.

Road construction companies use the material for construction of new roads in subdivisions of land. The need for sandstone is expected to increase with growth in the area.”

The original Environmental Impact Statement advised that based on the estimated truck movements that an average of 10,500m3 of sandstone material is being extracted from the quarry each month.

For the purpose of this report, a cubic metre of sandstone equates to 2.4 tonnes. Thus 10,500m3

equates to 25,200 tonnes.

Based on the information in the Environmental Impact Statement from 1991, it was estimated that 10,500m3 per month would be extracted, or 25,200 tonnes per month or 302,400 tonnes per annum.

The original Environmental Impact Statement detailed that there would be on average 35 trucks out of the quarry per day, or 881 movements per month. Movements will vary depending on demand for the material. November 1989 had a record high of 1321 movements and in February 1990, a record low of 492 truck movements, or approximately 50 and 20 truck movements per day respectively. The Environmental Impact Statement did not advise what type and size trucks would be used to service the quarry site. Council’s Engineers had no concerns.

The approved method of extraction was ripping by bulldozer.


Item 7.2

Blasting was not a method of extraction proposed.

Consent was issued for the quarry at the Council meeting.

Condition 3 of the consent stated the following:

“3.The consent is valid for a period of 10 years. Upon the expiration of this period the development must cease and all rehabilitation must have be completed in accordance with this consent.

In February 2003, an application to modify consent was lodged with Council for assessment. The applicant sought amendments to Conditions 3 and 26 of the consent. In short, the applicant appealed the limitation set in Condition 3 and sought an extension of twenty (20) years and sought amendments to Condition 26 relating to extraction not commencing in Stage 3 until Stage 1 was rehabilitated and the completion of extraction in Stage 2 of the site.

In March 2003, an appeal before the Land and Environment Court was lodged. Council’s records reveal that an agreement was reached between both parties for the application to modify the consent to be amended and include additional conditions. The court proceedings were discontinued as Council then had the power to approve to amended application to modify the consent. On 27 June 2005, a consolidated consent was issued and Condition 3 stated the following:

“3.This consent approval is valid until a date 10 years from the date of this approval to modify the consent No. AD253-06 issued by Council. Upon the expiration of this period the development must cease and all rehabilitation must have been completed in accordance with the rehabilitation plan referred to in Condition 17A.”

The above condition required that all operations and the rehabilitation of the site were to be completed by 27 June 2015.

In April 2015, an application to modify consent was received by Council seeking a six month extension to the operation of the quarry. Essentially, this application was lodged so that another application to modify the consent could be prepared seeking a longer extension to quarrying operations. On 15 June 2015, consent was granted for a six month extension. This application is the application that was prepared for the quarry.

A Pre Development Application meeting was held with one of Councils Senior Planners and the Team Leader of Engineering back on the 19 of August 2014.

On the 10 of October 2014 Council advised the applicant in writing that the most appropriate cause of action was the lodgement of a S96 (2) to modify the existing approval for the period of time in which the quarry can be operational.

On 7 November 2015, an application to modify the consent was lodged. This application is the subject of this Council report and details of what is proposed follows.

Consultation

The proposal was referred to various internal and external departments:

External

Authority Comments

Department of Planning and Environment

No comment

Roads and Maritime Services Raised no objection to the application as the modification will only result in a minor increase in traffic generation of two additional vehicle trips in and out per hour. This increase is unlikely to have a significant impact on the classified road network. Therefore, RMS


Item 7.2

does not object to the development application in principle.

NSW Police No comments

Environmental Protection Agency

The following comments were provided:

1. The EPA currently regulates activities undertaken at the existing quarry through Environment Protection Licence (EPL) Number 1462 under the Protection of the Environment Operations Act (POEO) 1997. A copy of this licence can be viewed on the EPA Public Register at www.ea.nsw.gov.au Comment: noted 2. The development (if approved) should be undertaken in accordance with the environment protection licence and the requirements of the POEO Act and its associated regulations. Comment: noted 3. The initial development does not appear to require a variation to the existing EPL. Changes to surface water management (predicted at Year 4 – as identified in the SEE) involving the construction of proposed sediment control dams will require variation of the EPL to incorporate a site discharge point with appropriate discharge limits. Comment: noted 4. The EPA recommends that rehabilitation of the quarry continues in a staged manner to minimise the area of disturbed soils. Disturbed areas should be stabilised as set out in Section 3.7 (Erosion Control) of the Surface Water Assessment. Activities undertaken at the site, including stormwater management and rehabilitation, should be undertaken in accordance with the requirements detailed in the guidelines Managing Urban Stormwater Soils and Construction Volume 2E Mines and quarries (DECC 2008) and Managing Urban Stormwater. Volume 1: Soils and Construction (Landcom 2004). Comment: the rehabilitation and restoration plan was approved by Council in 2007. 5. The EPA recommends that Council secure as a condition of consent a requirement for the validation of the findings of the Noise Impact Assessment by a suitably qualified consultant. Noise compliance monitoring should be undertaken at the most affected residential receivers. The frequency of this monitoring should be agreed in writing with the EPA and Council.


Item 7.2

Comment: Council’s Environmental Health Officer raises no objection to the proposal. A review has been undertaken of the surrounding properties and there does not appear to be any new receptors (dwelling houses) that have been constructed since the 2005 application to modify consent. Given the development will continue to operate in accordance with the consolidate consent issued in June 2005 and the only major change is the operational life, it is considered that a noise assessment is not warranted. Nonetheless, conditions are recommended in regards to noise generation. 6. The reintroduction of the Southern quarry entrance appears beneficial in reducing the potential impacts from vehicle movements to existing residences on Notions Basin Rd. Comment: Agreed. Conditions are recommended for the access road to be constructed in accordance with Council’s Construction and Design Specifications.

A copy of the Environmental Protection Agency’s response forms Attachment A to this report

NSW Department of Primary Industries - Office of Water

No comments

Internal

Referral Comments

Development Engineering Section

No comments and no conditions of consent have been recommended in relation to this proposal.

The traffic numbers and size of the trucks are not going to change from what is already approved.

Building Officer No comments

Environmental Health Officer no objections raised regarding the proposal

Heritage Advisor Concerns raised regarding impact upon the heritage item and the restoration of the land. The heritage item being the Blaxland’s farm which is located on the property. This is located on the eastern side of the site where the land levels out and is used for agriculture, the quarry is approximately 350 metres from the farm.

Comment - Consent is not sought to increase the footprint of the development and as such there be will no significant increased impact upon the items of heritage significance (Blaxland’s farm).

In 2007, a site rehabilitation and restoration plan was approved by Council. No further conditions are requested.

Compliance Ensure that a permanent wheel wash is provided and that the access road is sealed from its intersection with


Item 7.2

Nortons Basin Road to the wheel wash basin

Environmental Officer Concerns raised with vegetation removal

Conditions recommended

1.1 Description of Site and Surrounding Area

The subject land No. 2595 Silverdale Road, Wallacia is located on Silverdale and Nortons Basin Roads, Wallacia, approximately 2.8km from the northern round-a-bout in Warragamba. By Departmental survey, the land is referred to as Lot 1 DP 1154130 and is 145.4 hectares in size. The land is irregular in shape.

The land is bound by Silverdale and Nortons Basin Roads on the southern and western boundaries respectively and the Nepean River forms the property’s northern and eastern boundary.

To the north and east of the site, beyond the Nepean River and its associated gorge are properties within the Penrith Local Government Area (LGA). These properties are zoned E1 National Parks and Nature Reserves and E2 Environmental Conservation, W1 Natural Waterways and RE1 Public Recreation. Beyond these properties are a number of freehold land parcels zoned E3 Environmental Management and appear to be used predominantly for residential purposes. A small number are being used for small primary production and recreational purposes. The gorge is densely vegetated. Nortons Basin is also located north of the site at the end of Nortons Basin Road.

To the south of the land and beyond Silverdale Road, are properties within the Wollondilly Local Government Area and are zoned RU1 Primary Production and RU2 Rural Landscape. These properties are predominantly being used for residential purposes. One appears to have no land use undertakings. The RU1 zoned land is predominantly cleared while the RU2 zoned land contains dense vegetation.

The land has been used as an extractive industry for a vast amount of years.

The land to the west and beyond Nortons Basin Road are three properties within the RU2 zone and one being zoned SP2 – Water Supply System. The lots within the RU2 zone contain dwelling houses and are otherwise densely vegetated. The SP2 zoned land contains water supply infrastructure and also densely vegetated. Beyond these properties is the Warragamba River and The Blue Mountains.

The heritage item being the Blaxland’s farm which is located on the property. This is located on the eastern side of the site where the land levels out and is used for agriculture, and is identified in the LEP2011 with the identification number I269.

Access to the site is from Nortons Basin Road.

1.2 Description of Development

The proposal is a modification of the existing approval for a quarry at Wallacia. The proposal has been described within the Statement of environmental effects as such:

- Continued extraction of sandstone material from within the approved extraction area (i.e. within the proposed extraction area boundary).

- Continued operation of on-site crushing, processing and stockpiling facilities within the approved extraction area footprint.

- Extraction of sandstone to be processed annually would average 350 000tpa, with a maximum of 450 000tpa.

- Continued operation and use of a weighbridge, site office, staff amenities facility and other small buildings used for administration or maintenance.

- Installation of a wheel-wash facility.


Item 7.2

- Re-instatement of the Southern Quarry Entrance, to be utilised as the permanent entrance to the Quarry.

- Continuation of average and maximum incoming/outgoing loads per day of 89 and 195 respectively.

- Continued importation of VENM/ENM for backfilling purposes/ rehabilitation purposes.

- Progressive revegetation of the final landform.

Extraction methods and earthmoving equipment used, office/amenities, workshop and hours of operation would remain unchanged as a result of the Proposal.

1.3 Section 4.15 Evaluation

Conditions of consent proposed to be amended or deleted:

Condition 1 The condition states the following:

“1.The development shall be carried out substantially in accordance with the plans and Environmental Impact Statement (EIS) received by Council on 27 August 1991 except where amended by these conditions.”

The applicant is seeking the following:

Update to add reference to September 2015 SoEE.

Assessing officer’s comments:

It is recommended that the condition refer to the information and particulars from the Environmental Impact Statement 2015, but account for where superseded by the information contained in the current application to modify the consent as follows:

1. The extractive industry development shall be carried out in accordance with the plans and Environmental Impact Statement (EIS) received by Council on 27 August 1991 for the operation of a sandstone quarry except where superseded by the information, particulars and plans from Application to Modify Development Consent 010.1991.00000252.004 received by Council on 2 November 2015, except where modified by the following conditions:


“2. The Applicant is within 12 months of the date of consent to surrender any existing consents for the operation of the sandstone quarry upon Lot D, DP 339526, being the quarry identified as the five stages of the operation in the EIS.”


Delete Condition – completed and no longer relevant.


Agreed. It is recommended this condition be deleted as it has already been met with the surrender of previous consents.


“3. This consent approval is valid until a date 10 years from the date of the approval to modify the consent No. AD235-03 issued by Council. Upon the expiration of this period the development must cease and all rehabilitation must have been completed in accordance with this consent and in accordance with the rehabilitation plan referred to in Condition 17A.”



Item 7.2

This modified consent is valid for 15 years from the approval of Application to Modify Development Consent 010.1991.00000252.003 submitted to Council on DD MMM 2015. Upon the expiration of this period the development must cease and all rehabilitation must have been completed in accordance with this consent and in accordance with the rehabilitation plan referred to in Condition 17A.


Based on the information and recommendations made by the EPA in this assessment report, it is recommended that the condition be amended as follows:

3. The operation of the extractive industry is permitted for a ten (10) year period from the date of the approval Application to Modify Development Consent 010.1991.00000252.004 received by Council on 2 November 2015.

Upon the expiration of this period the development must cease and all rehabilitation works must have been completed in accordance with this consent and in accordance with the rehabilitation plan referred to in Condition 17A.

Condition 3A The condition states the following:

“3A.Provision of a Quarry Development Plan within one (1) month of the approval of the modification application that inserted this condition into the consent, that provides detail and guidance to the operators in order to regulate quarry operations and concurrent rehabilitation works. The Quarry Development Plan shall include details for the rehabilitation of the over extracted quarry faces and recommend practices to ensure over extraction does not occur in the future. The Quarry Development Plan shall be consistent with the recommendations of the Assessment of Slope Stability submitted by Coffey Geosciences Pty Ltd.”


“Provision of a Quarry Development Plan within three (3) months of the approval of the modification application that provides detail and guidance to the operators in order to regulate quarry operations and concurrent rehabilitation works.”


It is considered that a three month extension for the submission of a quarry development plan is acceptable and the condition be amended, but not in the manner requested by the applicant.

3A. A Quarry Development Plan shall be prepared and submitted to Council within three (3) months of the approval of Application to Modify Development Consent 010.1991.00000252.004.

This plan shall provide details and guidance to the persons having the benefit of this consent in order to regulate quarry operations and concurrent rehabilitation works approved in the report titled “Extraction and Rehabilitation Plan, Extractive Industry at Lot D DP 339526, Nortons Basin Road, Wallacia NSW for Hi Quality Quarry (NSW) Pty Ltd” prepared by Hi Quality Quarry (NSW) Pty Ltd and approved by Wollondilly Shire Council on 27 September 2007.

Condition 3B The condition states the following:

“3B. Provision of a Schedule of Works within one (1) month of approval of the modification application that inserted this condition into the consent, aimed at achieving compliance with the development consent and approved plans (including the revised soil and water management plan and the revised rehabilitation plan).”



Item 7.2



While it is assumed that the conditioned has been complied with due to the age of the consent, it is recommended that the condition remain for historical purposes but to reference the application that imposed the condition.


“4. All access for the quarry is to remain from the current access road off Nortons”


All access for the quarry is to remain from the Southern Quarry Entrance off Nortons Basin Road


There are no issues raised by Council’s Development Engineering Section regarding the construction of the new access, southern access off Nortons Road. It is recommended that it be constructed to Council’s access specifications and sealed. It is recommended that the new access road be constructed to a bitumen seal from its intersection with Nortons Basin Road and past the administration/weighbridge facility.

Re-worded Condition 4.

4. All access to and from the quarry shall only be from the Southern Quarry Access as shown on the plan titled Proposed Quarry Layout (Figure B) prepared by RW Corkery & Co. Pty Limited submitted with Application to Modify Development Consent 010.1991.00000252.004 (Ref: Y:\Jobs 531 to 1000\890\Reports\89006_Revised Long Term Mod – SoEE 2015\CAD\890Base.dwg_2.1 Proposed Layout-12.10.2015-12.31pm) dated 30 December 2014.

This new access shall be constructed and operational no less than four (4) months from the approval of Application to Modify Development Consent 010.1991.00000252.004.

Within twenty-eight (28) days of the operation and use of the new access road, the existing access shall be removed. The land shall be restored and suitably landscaped with the same species of trees that existing along the roadside.

Advanced species shall be used. The persons having the benefit of this consent shall ensure that the landscaping shall be maintained for the life of the development and replace any dead and/or dying vegetation as soon as possible.


“5. Within twelve (12) months of the date of consent of, work shall be commenced in respect of the construction of the intersection of Silverdale Road and Nortons Basin Road with a Type C right hand turn bay, Type A left hand turn and the appropriate sight distances for an 80kph zone achieved. Such works to be completed within six (6) weeks of commencement, weather permitting.”




While the condition has been satisfied by the engineers, for historical reasons, it is recommended that the condition remain.


“6. Within twelve (12) months of the date of consent of, Nortons Basin Road is to be upgraded with a 6m wide bitumen seal from the Silverdale Road intersection to the quarry entrance, such works to be completed within six (6) weeks of commencement, weather permitting.”


Item 7.2




While the condition has been satisfied by the engineers, for historical reasons, it is recommended that the condition remain.

Condition 7

The condition states the following:

“7. The access drive from Nortons Basin Road to the existing weighbridge is to be repaired and maintained to the existing sealed width to minimise dust or noise nuisance from traffic movements.”


The access drive from Nortons Basin Road to the existing weighbridge is to be sealed to a width of 7.0m to minimise dust or noise nuisance from traffic movements.


Based on the advice from Council’s Development Engineering Section, a seven meter wide road is sufficient. The condition is recommended to be amended as follows:

“7. The new driveway access from Nortons Basin Road to the existing administration and weighbridge shall be no less than seven (7) metres wide, exclusive of drainage requirements either side.

Details shall be shown on the engineering design plans for approval by the nominated Accredited Certifier prior to the issue of any Construction Certificate.”


“9. A works specification, engineering design plan and stormwater drainage calculations with all levels reduced to Australian Height Datum for the road and drainage construction works required by conditions 5 and 6 are to be submitted to Council within eleven (11) months of the date of consent and approved by the Shire Engineer prior to the commencement of any work.

A plan checking and supervision fee is required to be paid, prior to the release of the approved engineering plans.

Drainage calculations are to be carried out in accordance with “Australian Rainfall & Runoff” published by the Institution of Engineers Australia and are to Include contoured catchment diagrams and delineation of flow path for storms of average recurrence interval of 1:100 years, where appropriate.”




Given the new works that are proposed above, it is recommended that the condition remain with an amendment to the timeframe.

9. A works specification, engineering design plan and stormwater drainage calculations with all levels reduced to Australian Height Datum for the road and drainage construction works required by Conditions 4A to 4M are to be submitted to Council within in accordance with the timeframe set by Condition 4 (previously mentioned in this consent) and approved by the Shire Engineer prior to the commencement of any work.


Item 7.2


Drainage calculations are to be carried out in accordance with “Australian Rainfall & Runoff” published by the Institution of Engineers Australia and are to Include contoured catchment diagrams and delineation of flow path for storms of average recurrence interval of 1:100 years, where appropriate.


“10.A Liability period of six (6) months will apply from the date of issue of the Certificate of Practical Completion by the Shire Engineer.

Prior to the release of the Certificate of Practical Completion, a bond or approved security amounting to 10% of the value of the work is to be lodged with Council as security against defects which become apparent during the maintenance period, notwithstanding that the work or materials may have been previously approved. Any omissions or defects not satisfactorily rectified by the applicant will be made good by Council and the cost deducted from the lodged security.”




Given the new works that are proposed, it is recommended that the condition remain.


“11. A certified “Works as Executed” plan is to be submitted before the final inspection and is to specifically include the location and level of service conduits, subsoil drains, inter-allotment drains and pipes Laid with proposed drainage easements.”




Given the new works that are proposed, it is recommended that the condition remain.


“12. Soil erosion and sediment control measures are to be shown on the engineering design plans required by condition 9 and be implemented prior to and during construction works.”




Given the new works that are proposed, it is recommended that the condition remain but as amended below:

“12. Soil erosion and sediment control measures are to be shown on the engineering design plans required by Condition 4 to 4M inclusive and be implemented prior to and during construction works.”


Item 7.2


“14.Within twelve (12) months of the date of the consent the following works are to have been undertaken in consultation with the Soil Conservation Service and be to the Service's satisfaction:-

(a) Rehabilitation of the eastern embankment between Rock Face Shutes No. IV to V as per the Soil and Water Management Plan prepared by the Soil Conservation Service. This will necessitate a contour drain running along the top of the currently disturbed area from Rock Face Shute No. IV towards the north back into the existing drainage system outside of the current quarry operations. This is required to direct some of the clean waters away from the development site.

(b) An additional embankment dam in the current creek channel in the north-eastern corner of the site is to be constructed. This wall to be designed as per Dam No.3 Plan prepared by the Soil Conservation Service, and it is considered that the most appropriate location for this is where the current drainage channel narrows slightly If, however, the existing slurry is too deep and wet in this location, the wall could conceivably be brought close to the other existing wall. To increase the capacity of this sedimentation dam an excavation of approximately 5 metres deep is to be constructed on the upstream side of this wall. The construction of this wall will necessitate works not only on the eastern side of the quarry creek channel but also on the northern side where the existing overburden dump is, so a quantity of this will have to be removed so that the wall can be constructed on a stable foundation and to prevent scarring around the sides.

(c) The disturbed creek on the western side of the quarry is to be cleaned out with an excavator back to natural rock level and the existing overburden adjacent to this is to be battered back and spray grassed. The current “breached area” which permits this area to drain into this creek is to be walled and drainage directed back down to the Stage 2 and Stage 1 working arms and to assist in sediment control, a dam lined with layered straw and rock is to be constructed adjacent to the creek in the vicinity of this “breach”. Existing overburden to the immediate north of the proposed site for this dam is also to be brought back with an excavator to prevent further sedimentation into the creek.

(d) Any works involving alteration of surface levels within the restricted area proposed by the Water Board and detailed on Plan 180363 are to be of a minor nature only and subject to the Water Board's prior written approval and in compliance with all requirements of the Board.”




It is recommended that the condition remain but with an amendment to reflect that this condition was imposed with a previous application to modify consent.

14.Within twelve (12) months of the date of the consent of the following works are to have been undertaken in consultation with the Soil Conservation Service and be to the Service's satisfaction:-


(b) An additional embankment dam in the current creek channel in the north-eastern corner of the site is to be constructed. This wall to be designed as per Dam No.3 Plan prepared by the Soil Conservation Service, and it is considered that the most appropriate location for this is where the current drainage channel narrows slightly If, however, the existing slurry is too deep and wet in this location, the wall could conceivably be brought close to the other existing wall. To increase the capacity of this sedimentation dam an excavation of approximately 5 metres deep is to be constructed on the upstream side of this wall. The construction of this wall will necessitate works not only on the eastern side of the quarry creek channel but also on the northern side where the


Item 7.2

existing overburden dump is, so a quantity of this will have to be removed so that the wall can be constructed on a stable foundation and to prevent scarring around the sides.

(c) The disturbed creek on the western side of the quarry is to be cleaned out with an excavator back to natural rock level and the existing overburden adjacent to this is to be battered back and spray grassed. The current “breached area” which permits this area to drain into this creek is to be walled and drainage directed back down to the Stage 2 and Stage 1 working arms and to assist in sediment control, a dam lined with layered straw and rock is to be constructed adjacent to the creek in the vicinity of this “breach”. Existing overburden to the immediate north of the proposed site for this dam is also to be brought back with an excavator to prevent further sedimentation into the creek.

(d)Any works involving alteration of surface levels within the restricted area proposed by the Water Board and detailed on Plan 180363 are to be of a minor nature only and subject to the Water Board's prior written approval and in compliance with all requirements of the Board.

It is recommended that the persons having the benefit of this consent submit an audit report in regards to compliance with the operational conditions of consent.

Condition16 The condition states the following:

“16.Within three (3) months of the date of this consent, a revised Soil & Water Management Plan for all stages compiled in consultation with Council and the Soil Conservation Service is to be submitted to Council for approval. This is to include full design proposals for all structures, drainage systems, erosion control measures etc.”


Within three (3) months of the date of this consent, a revised Soil & Water Management Plan for all stages compiled in consultation with Council and Department of Primary Industry – Water is to be submitted to Council for approval. This is to include full design proposals for all structures, drainage systems, erosion control measures, etc.


It is recommended that the amendments to this condition proposed by the applicant be adopted as it updates the condition to reference the current authority DPI Water.

“16. Within three (3) months of the date of this consent, a revised Soil & Water Management Plan for all stages compiled in consultation with Council and Department of Primary Industry – Water is to be submitted to Council for approval.

This is to include full design proposals for all structures, drainage systems, erosion control measures, etc.

Any work required to sediment and erosion control devices shall be carried out within three (3) months of the date of approval by Council of the revised Soil and Water Management Plan.”


“16A.A revised Soil and Water Management Plan prepared by an appropriately qualified person shall be submitted to Council for approval within one (1) month of approval of the modification application that inserted this condition into the consent. The plan shall reflect the current site conditions and detail any immediate maintenance required to existing and proposed sediment and erosion control devices. Any work required to sediment and erosion control devices shall be carried out within three (3) months of the date of approval by Council of the revised Soil and Water Management Plan.”


Delete Condition – not necessary as covered by Condition 16.


Item 7.2


It is recommended that this condition be deleted as it is covered by condition 16, as amended.


“17. Within one (1) month of the date of this consent a detailed, Site Rehabilitation and Revegetation Plan of Management is to be submitted to Council for approval. This is to include all existing works and embankments and proposed extensions and details are to include:-

(a)Topsoil depths and materials to be placed upon embankments and method of retention;

(b)List of proposed species and planting densities;

(c)Identification of each species area or embankment;

(d)A report describing the Method of preparation of planting beds including planting methods, fertilising mulching, staking etc. and an outline of the provision to be made to maintenance and the report to be referred to Council;

(c)Any proposed works within the restricted area indicated on Plan180363, and in this regard, any work within this area must be approved by the Water Board.

The above Plan must incorporate the following matters:-

(i)All final batters to be 3H:1V;

(ii)Compliance with all requirements of Prospect Electricity in relation to work near the transmission line;

(iii)Compliance with all requirements of the Water Board in relation to works and the south-eastern embankment of Stage 1;

(iv)Topsoil depth to be a minimum of 300mm;

(v)Spray grassing of batter slopes with non-invading species to be approved by the Soil Conservation Service.

The plans referred to in conditions 16 and 18 are to be reported to the Council.

An opportunity exists for a request for amendment by the applicant of the requirements following the preparation and lodgement of plans showing proposed rehabilitation of the site.”


Delete Condition – not necessary as covered by Condition 17A.


It is agreed that the condition be deleted on the basis that the proposed amendments to Condition 17A are approved.


“17A.A revised Rehabilitation and Revegetation Plan prepared by a suitably qualified person detailing the staging and timing of the rehabilitation of the quarry shall be submitted to Council for approval within one (1) month of approval of the modification application that inserted this condition into the consent. The Plan shall also detail the revegetation of the quarry area including species to be used in tree planting. All revegetation shall use local provenance stock.”


A revised Rehabilitation and Revegetation Plan prepared by a suitably qualified person detailing the staging and timing of the rehabilitation of the quarry shall be submitted to Council for approval within three (3) months of approval of the modification application. The Plan shall also detail the


Item 7.2

revegetation of the quarry area including species to be used in tree planting. All revegetation shall use provenance stock.

Assessing officer’s comments: condition is to be amended as below;

17A. A revised Rehabilitation and Revegetation Plan prepared by a suitably qualified person detailing the staging and timing of the rehabilitation of the quarry shall be submitted to Council for approval within three (3) months of approval of the modification application.

This plan shall have regard to the “Extraction and Rehabilitation Plan – Extractive Industry at Lot D DP 339526, Nortons Basin Road, Wallacia NSW for Hi-Quality Quarry (NSW) Pty Ltd” approved by Council in September 2007. The report shall be either equivalent or superior to the rehabilitation requirements as approved in the aforementioned report.

The Plan shall also detail the revegetation of the quarry area including species to be used in tree planting.

All revegetation shall use provenance stock.


(i)All final batters to be 3H:1V;

(ii)Compliance with all requirements of Prospect Electricity in relation to work near the transmission line;

(iii)Compliance with all requirements of the Water Board in relation to works and the south-eastern embankment of Stage 1;

(iv)Topsoil depth to be a minimum of 300mm;

(v)Spray grassing of batter slopes with non-invading species to be approved by the Soil Conservation Service.


“18.The applicant is to immediately commence an intensive native tree and shrub seed gathering and germination programme from Stages 3, 4 and 5 areas so as to ensure that seedlings indigenous to the native area are able to be planted in rehabilitation areas in addition to actual seeding. If revegetation has not in Council's opinion been fully established in accordance with the approved plan within six (6) months of completion of that rehabilitated section, further sowing using purchased native seed is to be undertaken.”


Delete Condition – not necessary as covered by Condition 18A


The condition is recommended to remain, as Condition 18A sets out the timeframe to show documentary evidence of the works required in this condition has been satisfied.


“18A.Within one (1) month of approval of the modification application that inserted this condition into the consent, evidence shall be supplied to Council that the tree and shrub seed gathering and germination programme required by condition 18 has commenced.” The applicant is seeking the following:

Within three (3) months of approval of the modification application, evidence shall be supplied to Council that the tree and shrub seed gathering and germination programme required by condition 18 has commenced.



Item 7.2

Within three (3) months of approval of Application to Modify Development Consent 010.1991.00000252.004, evidence shall be supplied to Council that the tree and shrub seed gathering and germination programme required by Condition 18 has commenced.


“19. Overburden material removed prior to extraction of any sandstone is to be stored on site. These stockpile areas are to be shown on the plan of management.

The retailing of this overburden is prohibited as it will be required to achieve a suitable degree of site rehabilitation.

The applicant be advised that Council will not give consideration to amending condition 19 until such time as a plan of rehabilitation has been prepared and submitted to Council, thus giving a clear indication of the amount of material necessary to achieve rehabilitation.”


Overburden material removed prior to extraction of any sandstone is to be stored on site. The retailing of this overburden is prohibited as it will be required to achieve a suitable degree of site rehabilitation. Assessing officer’s comments:

It is recommended that this condition remain as drafted. There is no argument as to why Council should alter this condition.


“20. All fuels, oils/lubricants used for quarrying activities are to be stored in an impervious bund area. Within six (6) months of this consent a roof is to be constructed over the bunded area to prevent the spillage/escape of any of the aforementioned materials to the surrounding area, provided that for the first six (6) months from the date of this consent only the applicant shall be permitted to store such materials in a temporary bund, to be constructed within fourteen (14) days of the consent.”




It is recommended that this condition remain but amended to put the onus onto the persons having the benefit of this consent to provide evidence of completion. The condition to be amended as follows:

“20. Within one (1) month of the approval of Application to Modify Development Consent 010.1991.00000252.004, the persons having the benefit of this consent shall provide documentary evidence that the requirements of the following condition have been satisfied:

All fuels, oils/lubricants used for quarrying activities are to be stored in an impervious bund area.

A roof is to be constructed over the bunded area to prevent the spillage/escape of any of the aforementioned materials to the surrounding area

If such facilities have not been constructed, than details shall be submitted with the engineering design plans regarding the structure to be erected and within six (6) months of the approval of Application to Modify Development Consent 010.1991.00000252.004, the requirements of this consent must be satisfied in full.”



Item 7.2

“26.The applicant shall be entitled to carry out work in accordance with this consent in respect of the stages of work identified in the EIS as follows:-

(a) The applicant shall commence and complete rehabilitation of the inner and outer faces of Stage 1 in accordance with conditions 16 and 17 within twelve (12) months of the date of consent;

(b)The extraction of the balance of Stage 1 not subject to rehabilitation as outlined in 27(a) above shall be completed within three (3) years from the date of the consent, with rehabilitation of that part to be completed within six (6) mouths of completion of extraction of that Stage.

(c)The applicant shall commence and complete rehabilitation of the inner and outer faces of Stage 2 in accordance with conditions 16 and 17 within two (2) years of the date of consent;

(d)Extraction of Stages 3 and 4 may commence within fourteen (14) days of the date of consent, and rehabilitation of the worked faces of those Stages shall commence within six (6) months of the completion of extraction of those faces;

(e)The extraction of the balance of the Stage 3 shall be completed within four (4) years of the date of the consent;

(f)There shall be no extraction of material from Stage 5 until the date which is four (4) years from the date of this consent.

(g)The commencement of rehabilitation of worked faces in Stage 5 shall be within six (6) months of completion of extraction of those faces, and all rehabilitation of the quarry shall be completed within 12 months of the completion of extraction.”




It is recommended that the condition remain but require the persons having the benefit of this consent provide an audit report that the works have been satisfied. The report is recommended to be submitted within three (3) months of the date of the approval of the subject application so as to ensure the works have been undertaken.

Thus, it is recommended that the conditions be amended as follows:

26. Within three (3) months of the date of approval of Application to Modify Development Consent 010.1991.00000252.004, an audit report is required to be submitted to Council demonstrating that the requirements of previous Condition 26 from the Consolidated Consent approved by Council on 25 June 2005 has been satisfied:

The applicant shall be entitled to carry out work in accordance with this consent in respect of the stages of work identified in the EIS as follows:-


(b) The extraction of the balance of Stage 1 not subject to rehabilitation as outlined in 27(a) above shall be completed within three (3) years from the date of the consent, with rehabilitation of that part to be completed within six (6) mouths of completion of extraction of that Stage.

(c) The applicant shall commence and complete rehabilitation of the inner and outer faces of Stage 2 in accordance with conditions 16 and 17 within two (2) years of the date of consent;

(d) Extraction of Stages 3 and 4 may commence within fourteen (14) days of the date of consent, and rehabilitation of the worked faces of those Stages shall commence within six (6) months of the completion of extraction of those faces;

(e) The extraction of the balance of the Stage 3 shall be completed within four (4) years of the date of the consent;

(f) There shall be no extraction of material from Stage 5 until the date which is four (4) years from the date of this consent.


Item 7.2

(g) The commencement of rehabilitation of worked faces in Stage 5 shall be within six (6) months of completion of extraction of those faces, and all rehabilitation of the quarry shall be completed within 12 months of the completion of extraction.”

If the audit report finds that works are outstanding, than the requirements of this condition shall be completed within six (6) months of the approval of Application to Modify Development Consent 010.1991.00000252.004.


“26A. Submission of a revised staging plan for Council approval within one (1) month of approval of the modification application that inserted this condition into the consent, that provides the order in which the areas of the quarry shall be worked, provides an indication of the material likely to be gained in each area and an estimate of the time frame for work in each stage.”


26A. Submission of a revised staging plan for Council approval within three (3) months of approval of the modification application, that provides the order in which the areas of the quarry shall be worked, provides an indication of the materials likely to be won in each area and an estimate of the time frame for work in each stage.


It is recommended that the condition proposed by the applicant be adopted.

“26A. Submission of a revised staging plan for Council approval within three (3) months of approval of the modification application, that provides the order in which the areas of the quarry shall be worked, provides an indication of the materials likely to be won in each area and an estimate of the time frame for work in each stage.”


“29. Within three (3) months of the date of the consent a single monitoring bore forty (40) metres deep shall be sunk to be located in accordance with the requirements of the Department of Water Resources, to determine whether pollutants are moving in the groundwater from the excavation towards the Nepean River. Testing is to be carried out in a manner and at frequency as specified by the Department of Water Resources. Copies of test results are to be forwarded to both the Department of Water Resources and Council. Water tests to be conducted by an independent NATA Laboratory.”


Within three (3) months of the date of the consent, a single monitoring bore forty (40) metres deep shall be sunk to be located in accordance with the requirements of the Department of Water Resources, to determine whether pollutants are moving in the groundwater from the excavation towards the Nepean River. Testing is to be carried out in a manner and at a frequency as specified by the Department of Water Resources and Council. Water tests to be conducted by an independent NATA laboratory.


It is recommended that the condition proposed by the applicant be adopted with minor amendments as shown:

“29. Within three (3) months of the approval of Application to Modify Development Consent 010.1991.00000252.004, a single monitoring bore forty (40) metres deep shall be sunk to be located in accordance with the requirements of the Department of Water Resources (or subsequent authority), to determine whether pollutants are moving in the groundwater from the excavation towards the Nepean river.


Item 7.2

Testing is to be carried out in a manner and at a frequency as specified by the Department of Water Resources (or subsequent authority) and Council. Water tests to be conducted by an independent NATA laboratory.

Information regarding the frequency of the testing shall be provided to Council and the results of the testing shall be provided to Council and the Department of Water Resources (or subsequent authority) in accordance with the timeframes provided.

Further, the results of each calendar year shall be provided to Council with the payment of royalties in accordance with the requirements of Condition 32A. “


“30. An approval shall be sought from the Department of Water Resources for a Remedial Action Plan designed to prevent, stop, contain and/or remedy groundwater pollution detected by the monitoring bore.

A copy of the approval is to be submitted to the Council, or alternatively, a letter from the Department stating that no such plan is required to be submitted.”


“30. An approval shall be sought from the Department of Primary Industry – Water for a Remedial Action Plan designed to prevent, stop, contain and/or remedy groundwater pollution detected by the monitoring bore.



It is recommended that the condition proposed by the applicant be adopted.

“30. An approval shall be sought from the Department of Primary Industry – Water for a Remedial Action Plan designed to prevent, stop, contain and/or remedy groundwater pollution detected by the monitoring bore.



“32. (a)The applicant is to maintain, to the requirements of Council's Engineer, Nortons Basin Road from the quarry entrance to Silverdale Road for a period of four (4) years from the date of consent.

(b) For a period of four (4) years from the date of this consent the applicant shall pay to the Council a contribution pursuant to Section 94 of the Environmental Planning and Assessment Act at the rate of ten (10) cents per tonne of all extracted material transported from the site.

(c) (i) From the expiration of time referred to in sub-clause (b) hereof the applicant shall pay to the Council a contribution pursuant to Section 94 of the Environmental Planning and Assessment Act at the rate determined by Council at that time to be the current rate levied by the Council in connection with road levies pursuant to Section 94 of the Environmental Planning and Assessment Act for extractive industries (non river based material).

(ii) The said contribution will be indexed and adjusted annually as from the 18th day of June 1997 in accordance with the New South Wales Roads and Traffic Authority Cost Rise Index applicable to each year ending on 30 June and commencing on 30 June 1997 for the duration of the within development consent and the said adjustment to the contribution shall take effect from and including July each year commencing on 30June 1997 for the duration of the consent.


Item 7.2

(d) The Council will pay all of the said contribution payments into a specially identified account for payments towards the rehabilitation, restoration, repair and/or maintenance of Nortons Basin Road and Silverdale Road and other such roads as may be traversed.”




Council agrees as the condition is covered below.


“32A. All outstanding monies for the road maintenance levy required by Condition 32 shall be paid to Council within one (1) month of approval of the modification application that inserted this condition into the consent. The rate per tonne used in the calculation of the outstanding levy shall be:

For the year after 1 January, 2000: 27.16 cents per tonne

For the year after 1 January, 2001: 26.74 cents per tonne

For the year after 1 January, 2002. 29.63 cents per tonne

For the year after 1 January, 2003: 30.53 cents per tonne”


All outstanding monies for the road maintenance levy required by Condition 32 shall be paid to council within one (1) month of approval of the modification application that inserted this condition into the consent. The rate per tonne used in the calculation of the outstanding levy shall be:

For the year after 1 January 2000: 27.16 cents per tonne





Based on discussions with Council’s Infrastructure Planning Section and Financial Services Section, it has been agreed that the condition be amended to introduce a time whereby royalty payments be made. It was agreed that the first day of the new calendar year is suitable in this regard.

Further, a recommendation from Council’s engineering section proposes an increase in the payment of royalties in accordance with Consumer Price Indexation each year. As such, it is recommended that the condition be amended as follows

“33. All outstanding monies for the road maintenance levy required by Condition 32 shall be paid to council within one (1) month of the approval of Application to Modify Development Consent 010.1991.00000252.004.

The rate per tonne used in the calculation of the outstanding levy shall be:





The payment of outstanding royalties shall be in accordance with the amount listed for January 2003.


Item 7.2

For each payment made after the new financial year commencing July 2016, the payment per tonne shall adjusted in accordance with the consumer price indexation. That is, the first payment made in January 2017 will need to reflect the CPI adjustments per year from January 2004 to current and indexed each year thereafter.

The persons having the benefit of this consent can obtain the adjustment payment amount per tonne two (2) months before payment is due.

On the first business day of the new calendar year, the payment of royalties for the previous year shall be paid in full to Council.”


“Should the works/information required by any of Conditions No. 3A, 3B, 16A, 17A, 18A, 24A, 26A, 32A and 35 not be received by Council within one (1) month of approval of the modification application that inserted this condition into the consent, then all works on the site shall cease until such time as all of the information/works required by these conditions has been completed.”




It is recommended that the condition remain and that an audit report be submitted to Council demonstrating compliance. If works have not been completed, than works to be completed within six months of the date of this approval.

As such, it is recommended that the condition be amended as follows:


Should the works/information required by any of Conditions No. 3A, 3B, 16A, 17A, 18A, 24A, 26A, 32A and 35 not be received by Council within one (1) month of approval of the modification application that inserted this condition into the consent, then all works on the site shall cease until such time as all of the information/works required by these conditions has been completed.”

If the audit report finds that works are outstanding, than the requirements of this condition shall be completed within six (6) months of the approval of Application to Modify Development Consent 010.1991.00000252.004.”

New Condition The applicant has requested the following condition be inserted:

Sales of quarry products shall be limited to 450,000 tonnes per annum and importation of VENM/ENM for quarry rehabilitation shall be limited to 350,000 tonnes per annum.


As mentioned earlier in this report, based on the information in the Environmental Impact Statement from 1991, it was estimated that 10,500m3 per month would be extracted, or 25,200 tonnes per month or 302,400 tonnes per annum.

Therefore, it is recommended that the condition only limit the maximum extraction of 350,000 tonnes per annum. It is noted that this figure is higher than 302,400 tonnes per annum, albeit slightly, 350,000 tonnes per annum is more reflective of what was originally proposed, equating to a 115.7% increase in the original application rather than 450,000 tonnes per annum, which represents equates to a 148.8% increase.

Therefore, the condition is recommended to read as follows:

“36. Sales of quarry products shall be limited to 350,000 tonnes per annum and importation of VENM for quarry rehabilitation shall be limited to 350,000 tonnes per annum.”


Item 7.2

The following conditions are recommended to be inserted into the consent:

37. No trucks and the other vehicles associated with the consent are permitted to park or remain stationery on Nortons Basin Road and/or any other roads in Wallacia, Warragamba and/or Silverdale.

This will ensure that no vehicles are permitted to park on the roadside, which anecdotally is occurring.

38. A permanent wheel wash facility shall be installed in accordance with the plan titled Proposed Quarry Layout (Figure B) prepared by RW Corkery & Co. Pty Limited submitted with Application to Modify Development Consent 010.1991.00000252.004 (Ref: Y:\Jobs 531 to 1000\890\Reports\89006_Revised Long Term Mod – SoEE 2015\CAD\890Base.dwg_2.1 Proposed Layout-12.10.2015-12.31pm) dated 30 December 2014.

Conditions are required to ensure that all water leaving the wheel wash basin is suitably treated before disposal. Concerns have been raised in regards to the materials left within the basin as they are likely to contain petrochemical and oil residues from the trucks.

The following conditions are recommended:

39. All solids captured in the wheel wash facility shall be disposed of at an accredited waste facility. Documentary evidence and records shall be kept onsite for inspection and review by Council or the Environmental Protection Agency.

The spreading, reuse and/or sale of such materials onsite are strictly prohibited.

Consideration of the Proposal as a modification

The application seeks to modify the development consent as described above.

(2) Other modifications

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

Comments: it is considered the development is substantially the same. However, a fifteen year extension to the life of the quarry is not considered warranted. Based on the previous approvals issued by Council in the past, a ten year extension is considered appropriate. That is, if consent is issued as recommended, the quarry can remain operational until 2026.

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

Comments: the application was forwarded to all relevant statutory authorities, agencies and departments for consideration. The Roads and Maritime Services raised no objection to the proposal. The Environmental Protection Agency raised some concerns but conditions are recommended to address those items.

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and


Item 7.2

Comments: the application was formally advertised for a period of fifteen days. Six submissions were received. These will be discussed later in this assessment

(d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

Subsections (1) and (1A) do not apply to such a modification.

Comments: an assessment is to be provided below

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C(1) as are of relevance to the development the subject of the application.

Comments: approval of the application will not result in any significant adverse impacts.

While the objections have raised issues about the development, it is considered that an extension of ten years will not have any adverse and/or detrimental impacts.

The Environmental Protection Agency did not raise any issues with the operation of the quarry facility.

It is noted that the consent by today’s standards is not as extensive as if consent for the same activity were approved. To provide certainty and surety to those parties who have made representations for this application and historically, it is recommended that an additional condition, where substantiated, be inserted so that the persons having the benefit of this consent be permitted to continue operation so that potential natural, built, social and economic impacts are mitigated and if not, eliminated.

(4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.

Comments: noted

Apart from the additional life of the consent, the applicant is not seeking any significant change to the other components of the approval. The wheel wash and new access road location are proposed to address concerns from Council and reduce impacts upon adjoining landowners. These items are considered to be necessary ancillary items to improve the operation aspects of the development, responding to concerns raised by Council’s Compliance Section.

The access is being moved closer towards Silverdale Road (approximately 200m south of the existing access) so trucks are accessing the site away from the nearest dwelling houses. This will allow for trucks to enter and park onsite within the new access handle thereby eliminating public concerns of trucks parking along Nortons Basin Road, impacting upon the operation of the public road system and sight distance of motorists trying to access their properties or gaining access to Nortons Basin.

In the context of whether the development would be substantially the same, Council relies on the judgments between Tipalea Watson Pty Ltd v Ku-ring-gai Council (2003) 129 LGERA 351; Kerford Developments Pty Limited v Albury City Council [2012] NSWLEC 1020 and Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 to determine if an extension of six months can be considered.

In assessing any application to modify a consent, the task is to compare the proposed modified development against what was originally approved and “…involves an appreciation, qualitative, as well as quantitative, of the developments being compared in their proper contexts (including the circumstances in which the development consent was granted)” as highlighted in the judgement between Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298.

Given the quarry was approved for continued use in 1992, has been operating for approximately 24 years and applications to modify consents have been granted previously to increase the life of the development, an extension of ten years is considered to be satisfactory in regards to the


Item 7.2

‘qualitative’ and the ‘quantitative’ context and as such, it is recommended the development be approved, subject to conditions.

The applicant has previously advised that they will be accepting a of lesser timeframe than the fifteen years as proposed, noting that any shorter timeframe approved will result in a further application to modify the consent seeking another extension should the quarry be able to produce materials for use. This application is likely to be submitted closer to the cessation of the ten year limitation recommended in this report.

Due to the age of the development consent and the required changes, all conditions of consent have been discussed separately below to establish a clear understanding on what the Modification seeks.

1.3.1 Provisions of Relevant Environmental Planning Instruments

Environmental Planning and Assessment Model Provisions, 1980

Clause Comment

Applications in view of waterway, adjacent to arterial road, public reserve or land zoned as Open Space Cl.5 (1)

Approval of the application will not generate any additional impacts than what has been assessed with the parent application.

A rehabilitation and restoration plan has been approved and the applicant is committed to undertaking the necessary works to ensure that the existing rural landscape character impact is addressed.

Extractive industries or mines – considerations Cl.5 (4)

The reinstatement of the land has already been considered with the rehabilitation and restoration management plan (approved in 2007)

Mineral sands mine or mines – consultation with Department Cl.5 (5)

This was subject to the original assessment of the Environmental Impact Statement.

The Department of Planning did not raise any objection to the proposed extension.

Preservation of trees Cl.8 This has already been addressed in the original assessment. There will be no expansion of the footprint of the extraction area and as such, no further tree removal is required.

Restoration of the land will be undertaken and seed from the vegetated areas onsite has been collected and ready for use when works are necessary to comply with the approved plan.

Off street loading etc. facilities Cl.13

There are no concerns from Council engineers with loading/unloading facilities across the site. No further assessment is required in this regard

Services Cl.30 Satisfactory. This has already addressed in the parent application

Extractive industry, transport terminal Cl.32

The new access will be approximately 262m west of the Silverdale and Nortons Basin Road intersection. The existing access is approximately 450 metres from the same


Item 7.2

Clause Comment

intersection. The development is compliant in this regard

Flood prone land Cl.34 While the land is mapped as being flood prone, the quarry extraction is not located in the inundated/affected area.

State Environmental Planning Policy No. 55 – Remediation of Land

Comments: there is no change in use and as such, no further assessment against the provisions of this plan is required.

However, it is recommended that a condition of consent be added to ensure that all materials used in the rehabilitation and restoration of the site be virgin excavated natural material and/or excavated natural material and validation certificates be kept onsite at all times so that any compliance officer, either Council or the Environmental Protection Agency, can inspect at any notice.

Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River

Comments: while there will be some new works undertaken as a result of the approval of this application, being a new access road, wheel wash facility, it is considered that there will be no impacts upon the receiving waters of the catchment. Conditions are recommended in this regard to ensure that there are no adverse impacts upon the receiving waters through engineering infrastructure.

All works within the extraction footprint drains towards two dams and such water is used for dust suppression and irrigation purposes. The primary dam overflows towards the secondary dam. The dams are not capable of overflowing towards any watercourse and/or drainage depression or creek line given the dams are within the extraction zone, well below the natural ground level.

Conditions are recommended to ensure all works, new and existing works, are undertaken in a manner to not result in any adverse impacts.

Wollondilly Local Environmental Plan, 2011

Characterisation: extractive industries

Zone of land: RU2 Rural Landscape

Permissibility: the extractive industry was a Designated Development Application.

Extractive industries are permissible with consent under the Infrastructure SEPP.

Zone objectives:

Objective Comment

1(b)

(a) to encourage the preservation of the rural landscape character by ensuring that development is compatible with that character

The increase in the operational life of the quarry will not have an impact upon the rural landscape character given that the land is currently being used for excavation purposes

(b) to allow for the continuation of The land not being used for quarrying operations is




Item 7.2

Objective Comment

existing agricultural practices mapped as being Class 2 in accordance with the NSW Agricultural Land Classification Atlas and will remain to have capacity to be used for primary production purposes.

(c) to provide for community titles subdivision subject to appropriate controls

Not applicable.

(d) to maintain existing significant stands of indigenous vegetation

The area has already been defined by the existing approval. Existing stands of vegetation will not be affected by the increase in the operational life of the quarry.

(e) to protect the water quality of receiving streams and to reduce the incidence of land degradation

There will be no adverse impacts upon the receiving waters of the Hawkesbury-Nepean catchment as a result of new works and/or the increase in the life of the quarry

(f) to minimise the visual impact of development on the rural landscape

The development will not have an impact upon the rural landscape character given that the land is currently being used for excavation purposes and restoration works have already been approved by Council in this regard

LEP Clauses

Clause Comment

Advertising of das (cl.16, 1-2) The application was advertised in the local newspapers available in the Silverdale, Warragamba and Wallacia localities and to all adjoining and nearby landowners/occupiers

Tree preservation (cl.27) The area has already been defined by the existing approval. Existing stands of vegetation will not be affected by the increase in the operational life of the quarry.

Arterial road setbacks (cl.28, 1-4) The development is compliant in this regard

Development along arterial roads (cl.29, 1-2)

Access to the site will remain from a non-arterial road and there are no concerns in regards to the operation of the public road system.

Environmental Planning and Assessment Regulations 2000

Schedule 3 Designated development

Part 2 Are alterations or additions designated development?

Clause 35 Is there a significant increase in the environmental impacts of the total development?

Development involving alterations or additions to development (whether existing or approved) is not designated development if, in the opinion of the consent authority, the alterations or additions do not significantly increase the environmental impacts of the total development (that is the


Item 7.2

development together with the additions or alterations) compared with the existing or approved development.

Note. Development referred to in this clause is not designated development for the purposes of section 77A of the Act. This means that section 98 of the Act (Appeal by an objector) will not extend to any such development even if it is State significant development.

36 Factors to be taken into consideration

In forming its opinion as to whether or not development is designated development, a consent authority is to consider:

(a) the impact of the existing development having regard to factors including:

(i) previous environmental management performance, including compliance with the conditions of any consents, licences, leases or authorisations by a public authority and compliance with any relevant codes of practice, and

Comments: the Environmental Protection Agency did not raise any objection to the performance and/or any non-compliance.

The last issue that Council’s Compliance Section raised with the persons operating the quarry were dust generation and tracking of mud onto Nortons Basin Road. The subject application proposes to install a new wheel wash facility to address this matter and also reinstate the southern access onto Nortons Basin Road.

Conditions are recommended to require the installation of the wheel wash facility no less than three (3) months of the date of this approval so as to reduce this pollution concern.

Regarding the new access arrangement, conditions of consent are recommended so it is constructed to Council’s specifications, that is bitumen and adequate drainage controls, and that the existing access be closed, fenced and appropriately landscaped no less than a month after the use of the new access.

(ii) rehabilitation or restoration of any disturbed land, and

Comments: conditions are already in place to ensure that at the cessation of the quarry that the land is restored and rehabilitated. It is recommended that the approved plan is referenced in the amended consent.

(iii) the number and nature of all past changes and their cumulative effects, and

Comments: Council’s records show that there have been previous modifications to the consent, primarily extending the life of the quarry.


Item 7.2

(b) the likely impact of the proposed alterations or additions having regard to factors including:

(i) the scale, character or nature of the proposal in relation to the development, and

Comments: approval of this application will not result in the increase of the extraction footprint. It is considered that approval of the application will not have any adverse impacts in this regard

(ii) the existing vegetation, air, noise and water quality, scenic character and special features of the land on which the development is or is to be carried out and the surrounding locality, and

Comments: approval of the application will not result in any additional impacts than what has been considered and originally approved by Council.

The development will not result in any additional vegetation removal nor will it result in any additional scenic quality impacts. The applicant has expressed that they wish to start remediating the visual impact of the quarry site by vegetating that part of the site above the extraction zone.

Extraction will continue to be solely by ripping by bulldozers. Blasting is not permitted to be undertaken at the quarry and a condition is recommended to ensure certainty in this regard.

(iii) the degree to which the potential environmental impacts can be predicted with adequate certainty, and

Comments: it is considered that there will be no adverse impact as a result of the approval of the application

(iv) the capacity of the receiving environment to accommodate changes in environmental impacts, and

Comments: it is considered that there will be no adverse impact as a result of the approval of the application

(c) any proposals:

(i) to mitigate the environmental impacts and manage any residual risk, and

Comments: conditions are recommended

(ii) to facilitate compliance with relevant standards, codes of practice or guidelines published by the Department or other public authorities.


Item 7.2

Comments: noted. The Environmental Protection Agency’s environmental protection licence ensures compliance in this regard

1.3.2 Provisions of Relevant Draft Environmental Planning Instruments

Not applicable

1.3.3 Provisions of Relevant Development Control Plans

The proposal was approved prior to the Current DCP, as such it is not considered to be relevant to assess a modification under this DCP.

1.3.4 Draft and/or Planning Agreements Entered or Offered to Enter into

Not applicable

1.4 Impact of the Development


Natural Environment It is considered that there will be no adverse natural environmental impact as a result of the approval of the application.

Built Environment It is considered that there will be no adverse built environment impact as a result of the approval of the application.

Social Impacts Subject to conditions, it is considered that the development will no exacerbate any social impacts than what has been assessed in the original and subsequent applications to modify the consent.

Economic Impacts No negative economic impacts are envisaged as a result of the approval of this application

1.5 Suitability of the Site

Given the previous approvals issued, the site is still considered suitable for the development.

1.6 Submissions

The application was advertised in The Bush Telegraph, Penrith Press and The Sydney Morning Herald from 17 November to 17 December 2015. Previous objectors and all adjoining and nearby neighbours were notified of this application during the same period.

Six (6) objections were received and a summary of their concerns and comments are provided below:

Concern Comment

Comments should be sought from Environmental Protection Agency regarding the potential environmental impacts associated with the ongoing operation of the quarry to ensure these impacts will be appropriately mitigated

Advice has been sought and provided from the Environmental Protection Agency (letter is attached to this report). Their comments have been provided earlier in this assessment report. Essentially, they are content with the quarrying operations.

Particular concern is raised regarding potential amenity impacts upon Park Road residents given the proposal will involve an average of 178 individual trucks movements per day along the road (and a maximum of 390 truck movements) for an additional 15 years. This matter needs to be stringently assessed and

Condition 31 already permits the use of Park Road to convey quarry products.

The submission from Penrith City Council reiterated that access by quarry trucks to Silverdale Road should only be via Park Road


Item 7.2

considered before a determination is made. (to The Northern Road) or Mulgoa Road.

Further, they recommended “to assist with maintaining residential amenity, trucks travelling to and from the quarry on weekdays should not operate before 7am or after 6pm. Truck movements should be restricted to between 8am and 12 noon on Saturdays and should not be permitted on Sundays or public holidays.”

Apart from the above, no objection has been raised by Penrith and Council’s engineers regarding the use of Park Road.

Further, the Roads and Maritime Services and the NSW Police did not make any objection to the changes sought by the applicant.

It is recommended that no new changes and/or new conditions are required in this regards.

There are a number of trucks from a number of industries and the like that use Park, Mulgoa and the Northern Roads for access to and from Wallacia and surrounds. There is no data to suggest that the impacts are all being caused by trucks associated with the quarry.

There are no new changes and/or new conditions are required in this regards.

To assist in maintaining residential amenity, trucks travelling on weekdays should not operate before 7am and after 6pm. truck movements should be restricted between 8am and 12pm Saturday and no operation on Sunday and Public Holidays.

The consent permits trucks to enter and leave the site between 6am to 4.30pm, Monday to Friday and 6am to 12pm, Saturday with no operation on Sunday and Public Holidays.

Changing the hours as suggested will result in greater truck movements/hour throughout the day on average. The amendment to the condition is not considered warranted as this may create greater amenity impacts.

Maintenance of Blaxland Bridge on Silverdale Road is the responsibility of both Penrith Council and Wollondilly Council on a 50/50 cost sharing basis. The bridge was constructed in 1963 and is now over 50 years old. Silverdale Road is a gazetted 19m B-Double route for over 50 tonnes load.

Development consent has already been granted by Council for the use of the bridge.

There are no conditions of consent restricting the size and capacity of vehicles servicing the site. Further, there are no details in the Environmental Impact Statement as to what


Item 7.2

Although the bridge is on an approved B-Double route, there is evidence from Council’s bridge plans that this bridge was designed for a H20-S16-44 traffic loading which is approximately equivalent to a 33 tonne semi-trailer.

Due to the increasing number of B-Double and HML permit applications to both Penrith and Wollondilly Councils, staff at both Councils engaged a consultant to test the bridge to ascertain whether the bridge has capacity to handle these loads which are well above the designed load.

Integrity Testing Pty Ltd was commissioned to undertake a study using the DBTS (Dynamic Bridge Testing System) and Mod-Shock testing system to give a full serviceability and load rating for the bridge. The study concluded that the bridge is not suitable for either HML or B-Double loading at this stage and will require rehabilitation to the bridge joints and bearings if the bridge is to be used for loadings above the original design load. Quotations have been obtained by the consultant for this rehabilitation and the approximate cost is $400,000.

Based on the consultant recommendations, Penrith Council will not provide consent to use the bridge for any loading beyond the current design loading (H20-S16-44) until the rehabilitation is undertaken. This limitation will need to be considered in determining the suitability of the subject proposal and the loadings proposed to access Blaxland Bridge.

types of vehicles were going to be used in this regard. However, it is assumed that the maximum sized truck that is permitted to service the site is a B-double/heavy truck and trailer (greater than 6 axles, Class 10, Austroad Vehicle Classification).

The restriction on the use of the road and bridge is a separate matter between both local government areas and is not a matter to be given any determinative weight in the assessment of this application given the historical use and consent.

The detrimental impact of increased heavy vehicle traffic to the area particular Baines hill/corner as well as corner of Mulgoa Road/Silverdale Road, Wallacia where on numerous occasions this year we have had incidents of trucks overturning due to road being unsuitable for b-doubles travelling to the quarry. This has resulted in road closures and the residents of Warragamba and Silverdale not being able to return home nor to their children for hours until the trucks are turned back and oil spill/cartage spillage cleaned up. This is a major concern for all residents in the area and cause great disruption to many.

The road is not suitable for high heavy vehicle usage. If council grant licence permission, the company who owns the site should be contributing to the delivery of wider 2 lane road each direction from Wallacia roundabout up to

While the concerns from the submitted are valid, the Roads and Maritime Services and NSW Police have not objected to the proposed development.

Based on the above, Council cannot find any nexus to impose a new condition of consent to contribute any further monies to expend on road infrastructure in addition to the royalty payments made each month.


Item 7.2

Nortons Basin Road.

Unsightly hill scarring is already at large. How much bigger will further 15 years of quarrying cause to the area. Also high vertical faces of rock will not revegetate and the area is harmed permanently. What solution or ramifications have or be put in place to reduce the visual impact of the area as well as screening or revegetation of the area. Will any revegetation be done over this period from beginning of the 15 years to reduce the impact of hill scarring as at current it is huge and unsightly and from a far distance revegetation is not noticeable and not wait until the end of the licence as it takes years for revegetation to occur.

On 27 September 2007, Council approved the “Extraction and Rehabilitation Plan – Extractive Industry at Lot D DP 339526, Nortons Basin Road, Wallacia NSW for Hi-Quality Quarry (NSW) Pty Ltd” prepared specifically for this development.

Condition 3 of the consent is already in place to ensure that at the cessation of the quarry that the land is restored and rehabilitated. It is recommended that the approved plan is referenced in the amended consent.

In order to reduce the visual impact of the development, condition 18 are recommended for the landform above the extraction area to be remediated over time during the next few years to reduce the scenic impact so as to improve the rural landscape character. During a site visit in January 2016, the applicant did convey they intend to commence such works in the near future.

The current quarrying site remains close to our waterways and catchment dams. The policy being constructed for this is important to minimise impact. What is consequence if such plans that are required to be implemented 3 months of consent being approved, why aren’t these a condition for consent not afterwards as if they are not met to be satisfactory, what is obligation to cease operation of the quarry?

No part of the quarry is located within the Sydney Drinking Water catchment.

The Environmental Protection Agency did not raise any objection to the continuation of the quarry development. An Environmental Protection Licence has been issued and is still current for the site.

Any non-compliance of conditions of consent can be reported to Council’s Compliance Section and to the NSW Environmental Protection Agency who will investigate and take the necessary steps to rectify any issues.

Condition 17:

I object to deletion of this condition as this action would remove from the document the specific requirements already agreed to with regard to the Site Rehabilitation and Revegetation Plan of Management, thus making it possible for the revised Rehabilitation and Revegetation Plan to be less rigorous.

I suggest that the first paragraph of Condition 17 be modified by deleting the first sentence and modifying the second to read 'The Site Rehabilitation and Revegetation Plan of

The applicant has sought to remove this condition from the consent as the rehabilitation plan has been submitted and approved. However, it is considered that this condition remain as approved as this establishes the requirements to the preparation of the plan.


Item 7.2

Management is to include all...'

Condition 18:

I object to the deletion of this condition on the grounds that its retention is demanded by the reference to 'condition 18' in Condition 18A. Condition 18A would be rendered meaningless by the removal of Condition 18.

I suggest that the first sentence of Condition 18 by modified by replacing 'immediately commence' with 'conduct'.


Condition 32:

I object to the deletion of this condition on the grounds that its retention is demanded by the reference to 'Condition 32' in Condition 32A, Condition 32A would have no basis for implementation if Condition 32 was deleted.

The typo 'four 940 years' in paragraph a) needs modification.

The applicant has sought to remove this condition from the consent as the rehabilitation plan has been submitted and approved. However, it is considered that this condition remain (with amendments) as this establishes the requirements to the preparation of the plan.

The condition is to be amended the typographical error so that it reads “(4) years” and not “940 years”

I note that I organised a residents forum with Wollondilly Shire Council representatives and the Hon Jai Rowell, Member for Wollondilly to emphasise the problems my community were facing and set about addressing the issues. At that meeting, which I held at Wallacia Golf Club, we met frustrated and angry residents of Wallacia who have suffered with the noise, vibrations and activities of Hi Quality trucks - regularly breaking their original DA guidelines and operating outside their approved hours of operation. Speeding trucks, tailgating driving behaviour have been regularly reported and experienced. I have previously received representations from a local resident, who raised his concerns that these issues with the trucks have become even more of a problem since that meeting. The opposition of myself and my constituents stems from the growing population in the area, and the quarry trucks dumping spoil from the Kemps Creek Landfill, outside of the parameters of the original DA.

Council’s records show there were five accidents along Silverdale Road, however, the records do not show that these accidents were connected or involved in any vehicles associated with the quarry development.

Due to the concerns brought to Council’s attention previously, the application was referred to the NSW Police, the Roads and Maritime Services and Council’s Development Engineering Section and no objections were raised regarding the capacity of the road and/or concerns with accidents and the like.

While there are valid concerns with public and motorist safety along the roads used by trucks associated with the quarry development, it is considered that refusal of the application on these grounds is not warranted given there has been no objections by the NSW Police and the Roads and Maritime Services.

Concerns regarding speeding trucks, tailgating and driver behaviour is a matter for NSW Police to monitor and enforce. Refusal of the application based on driver behaviour is not warranted.


Item 7.2

The Environmental Impact Statement stated that over burn as a result of onsite activities would be used to restore the site levels. The approved site rehabilitation plan stated, generally, that it will be necessary for a sufficient quality material validated and compactable virgin excavated natural material (VENM) to be imported for site rehabilitation purposes. Any materials brought to the site must be virgin excavated natural material or excavated natural material, as permitted by the consent.

The Environmental Protection Agency have conducted random site inspections and have found no evidence of any materials outside of the virgin excavated natural material classification having been used. Based on this information, no objection is raised.

The application should not be approved for the following reasons:

Too many truck movements. They negate to include ‘dog’ trailers in their comments so in effect the 284 truck movements (or 568 load/dump returns and that measurement is effectively 1116 load movements per day overall)

It is requested that truck movements reduce incoming loads to 40/day and outgoing to 45/day and tonnage quantities reported monthly at the completion of every calendar month to Council.


A limitation in the number of trucks is not considered warranted as suggested by the objector. Consideration must be given that any limitation can result in the life of the quarry being extended in years to come as the extraction and subsequent restoration of the land will be undertaken over a longer period of time, potentially adding another ten years to the life of the quarry operations.

The period of review is unacceptable given the escalation of property development and housing in the nearby villages of Wallacia, Silverdale and Warragamba. The additional traffic movement imposed by heavy truck movement and the damages to the road surface (in the time since additional levies were made on all of the residents of this area of Ward North), shows no future regard for safe and sustainable traffic movement to residents.

Silverdale Road remains the only access to the Shire from the North and presents an issue where accidents and fire prevent normal passage. The fires at Warragamba/Silverdale in 2001 saw the closure of traffic for a period

If a planning proposal obtains a gateway determination, that applicant will need to demonstrate that the road capacity in the immediate area is accepted and will not be impeded by their development.

Further, the NSW Police and Roads and Maritime Services did not raise any objection to the proposal.


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on approximately one week and the township was effectively cut off from essential services. Power supplies were not restored for over a week

Section 18 - It is noted that Intensive native tree and shrub seed gathering and germination (deleted and supplemented by Condition 18A) by a suitably authorised management process independent of the quarry owners is required, and that replanting be made during the extraction process and within 30 days of the extracted material to achieve owner stated objectives and needs to reflect community requirements expectation and to be audited by the community.

Access to the site be allowed by the community and suitable authorities to assess suitable regeneration on a quarterly basis for the duration of extraction and dumping activities.


The condition cannot be amended to permit site access to community members. Access to the site by relevant government departments is already permitted by legislation, where warranted.

Section 26 (D) is unclear 914 days (?) or fourteen days and requires clarification - a deleted condition and not appropriate to ongoing and community expectations as per the proposal, given the required amount of NSW Police Highway Patrol activity and the Roads and Maritime Services regularly monitoring traffic and truck movement. A case in point was the disregard by a truck delivering material to the quarry which resulted in numerous rocks falling to the Mulgoa Road, damaging several cars and posing a traffic danger.

The condition is to be amended to remove the typographical error. That is, the condition is to only red fourteen days, not 914 days.


Section 22 (coverage of material) - to include a burden of onus to vehicles dumping as well as removal on the owners of the quarry

The condition is recommended to be deleted to ensure that it relates to all vehicles travelling to and from the site.

The quarry operators be prevented from acquiring adjoining properties for the purpose of extraction, road work crushing or dumping.

This consent only relates to the land that was subject of the original application. A new Development Application will be required to add land to the quarry site, should this occur.

Section 24 (lodgement of bond) be increased to $3.50 million dollars - at current values- which is in keeping to the visual degradation of the site and community expectations for site restitution and shall be added too in an amount consistent with royalties as per the preceding comments.

There is no ability to seek additional bond payments in this regard.

Section 16 (anticipated revised Soil & Water Management Plan) and 16 (A) for all strategies is unacceptable and needed to be included in this submission for critical articulation at the

This plan has been submitted to an approved by Council. A new erosion and sedimentation plan will need to be submitted relating to the new ancillary works proposed by the applicant.


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site before this submission was presented before Council and the community.

Section 17A Revised rehabilitation and revegetation plan needed to be included at the time of the Statement of Environmental Effects was lodged with Council for consideration of the continued operation of the Wallacia Quarry, and given the extension by Council to allow continued extraction following the end of the initial term, is unacceptable.

Such a plan was submitted to and approved by Council in September 2007. No new plan is required

Section 18 - It is noted that Intensive native tree and shrub seed gathering and germination (deleted and supplemented by Condition 18A) by a suitably authorised management process independent of the quarry owners is required, and that replanting be made during the extraction process and within 30 days of the extracted material to achieve owner stated objectives and needs to reflect community requirements expectation and to be audited by the community.

Access to the site be allowed by the community and suitable authorities to assess suitable regeneration on a quarterly basis for the duration of extraction and dumping activities.


The condition cannot be amended to permit site access to community members. Access to the site by relevant government departments is already permitted by legislation, where warranted.

Section 26(E) Stage three is not identified on the Statement of Environmental Effects and should not be included as a consent condition. Disallow development pending further advice as to the extent and purpose of the activities, remedial processes and concept for the site.

It is recommended that this aspect of the consent be followed up by Council’s Compliance Section to ensure compliance with this condition. This will be reported to the Compliance Section after a determination of this application has been made.

Section 28 - Pegging by a registered surveyor. Activities by the quarry suggest that the "stages" proposed have already been completed and I am at a loss as to the nature of the reporting to Council. Clearly this needs to be advertised at a local level to ensure community confidence in the processes of the management of the quarry.

It is recommended that this aspect of the consent be followed up by Council’s Compliance Section to ensure compliance with this condition. This will be reported to the Compliance Section after a determination of this application has been made.

Section 32A "outstanding monies for road maintenance levy" levels are described as being current to 2003. A contribution extended by way of outgoing (195 loads) expressed in 2003 terms is unacceptable, just as the dumping loads of 89 per day does not appear to reflect a suitable levy at 30.53 cents/tonne. Please note my concerns and contemporary rates given at Section 34 comments.

An increase appropriate to inflation for extracted material and consideration be given to the weighted material being deposited at the

Royalties were capped at 30.53c/tonne from June 2003. Council’s Development Engineering Section have recommended that royalties be adjusted in accordance with CPI each year. It is recommended that the condition be amended in this regard. The condition will need to account for adjustments since 2003. A note is recommended to be included in the condition stating that Council will, upon request, provide the royalty fee no less than two months before payment is required.


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site for inclusion in the levies to be collected by Council by use of the existing weigh bridge and notification of the loads and appropriate levies paid to Council to maintain the road works in the area from Wallacia bridge (Blaxland Crossing Bridge) and address additional community needs (two lane access in both directions) on Baines Hill! Silverdale Road to be completed by 2016

Regarding royalty payments, it is recommended that a condition be inserted requiring the persons having the benefit of the consent to pay monthly royalties on the first business day of each month. Council’s records show there is no consistency with payments and needs to be regularised.

Any outstanding royalty payments will also need to be paid within a month of the determination of this application. a condition of consent is also recommended in this regard

Section 34 "Management Committee" is not inclusive of the community and prevents an input to the activities of the quarry, the environmental concerns and costs to the rate payers of the area, as NO fuel tax contributions are being made by State or Federal Government to Wollondilly Council for damage, upkeep and continuing safety of the road leading to the quarry, whereas all residents have an expectation such fuel taxes are spent on road works state wide. In absence of government funded road work upkeep through those taxes and levies, it is essential the community be appraised of traffic activity and contributions made to Wollondilly Council for such maintenance be circulated via suitable local press. As the community has an expectation that corporate business activities reflect good citizenship, it is an opportunity for broader consultative processes be demonstrated by Hi-Quality Quarry (NSW) Pty Limited Enlist the community through consultation, levies on dumping trucks and trailers be increased (Condition 32A to be updated and retrospective to rates noted as current 2003 until 2015 and be collected +GST), and outgoing trucks at a rate which will ensure safe road ways and traffic movement is maintained. There is little difference between land fill and the consequences of the quarries life expectancy relative to the nature and objectives of this commercial operation and community expectations.

There are no requirements in the condition for the persons having the benefit of the consent to engage with the community. The collection of additional funds has no basis and legally cannot be sought.

It is recommended that the condition remain as drafted.

The collection of royalties, fuel excise and the like and the apportionment of expenditures are matters for local, state and federal levels of government.

Regarding local government expenditure, Council has a maintenance program that has been budgeted based on assessments undertaken by the engineers and assets teams.

The continued quarry operations be reviewed on a six monthly basis, with monitoring by Council and EPA in relation to the wheel wash facility (given the road coverage of mud and spill at Silverdale Road on wet periods of operation/oil spills) and ongoing land fill

A new wheel wash facility will be installed and conditions will require its installation no less than three months from the date of this determination. Further, conditions will require the access road to be sealed in accordance with Council’s design code specifications and


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dumping at the site.

Monthly weigh figures for both extracted material and dumped material to attract a suitable (current) levy, and be paid on a monthly basis to Council. Plant regeneration and land fill processes be costed so as to provide compensation to the Wollondilly community (as above) and that the community be consulted as per the site activities and traffic management, modification or and any remedial works to be paid in full by the quarry operators for damage and use of the road.

the seal to extend past the wheel wash facility to assist in addressing road spill issues.

Records are kept onsite by the operators in regards to importing and exporting activities. A condition of consent will reiterate for these records to be kept onsite for inspection where required by Council and/or other relevant government departments and agencies.

The rehabilitation and site restoration plans have been approved by Council and as such, there is no need to revisit the plans at this point in time.

A condition of consent will require all royalty payments to be made at the beginning of each month (first business day) and that all outstanding monies owing be paid within a month of this determination.

1.7 The Public Interest

While there has been significant public interest and opposition to the proposed development, it is considered that, subject to conditions of development consent, the site is suitable for the development.

The development is considered appropriate with consideration to the zoning and the character of the area and is therefore considered not to be detrimentally in conflict with the public interest.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.

ATTACHMENTS

1. Statement of Environmental Effects 2. Noise Assessment 3. Air Quality 4. Traffic Assessment 5. Surface Water Assessment 6. EPA Referral response

RECOMMENDATION

That Application to Modify Development Consent 010.1991.00000252.004 for extend the life of the quarry for ten years, reinstate road access, installation of a wheel wash facility and associated works, amend and delete conditions at 2959 Silverdale Road, Wallacia be approved in the following manner:

1. The extractive industry development shall be carried out in accordance with the plans and Environmental Impact Statement (EIS) received by Council on 27 August 1991 for the operation of a sandstone quarry except where superseded by the information, particulars and plans from Application to Modify Development Consent 010.1991.00000252.004 received by Council on 2 November 2015, except where modified by the following conditions:








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2. Deleted

3. The operation of the extractive industry is permitted for a ten (10) year period from the date of the approval Application to Modify Development Consent 010.1991.00000252.004 received by Council on 2 November 2015.

Upon the expiration of this period the development must cease and all rehabilitation must have been completed in accordance with this consent and in accordance with the rehabilitation plan referred to in Condition 17A.

3A. A Quarry Development Plan shall be prepared and submitted to Council within three (3) months of the approval of Application to Modify Development Consent 010.1991.00000252.004.

This plan shall provide details and guidance to the persons having the benefit of this consent in order to regulate quarry operations and concurrent rehabilitation works approved in the report titled “Extraction and Rehabilitation Plan, Extractive Industry at Lot D DP 339526, Nortons Basin Road, Wallacia NSW for Hi Quality Quarry (NSW) Pty Ltd” prepared by Hi Quality Quarry (NSW) Pty Ltd and approved by Wollondilly Shire Council on 27 September 2007.

3B. Provision of a Schedule of Works within one (1) month of approval of the modification application that inserted this condition into the consent, aimed at achieving compliance with the development consent and approved plans (including the revised soil and water management plan and the revised rehabilitation plan).

4. All access to and from the quarry shall only be from the Southern Quarry Access as shown on the plan titled Proposed Quarry Layout (Figure B) prepared by RW Corkery & Co. Pty Limited submitted with Application to Modify Development Consent 010.1991.00000252.004 (Ref: Y:\Jobs 531 to 1000\890\Reports\89006_Revised Long Term Mod – SoEE 2015\CAD\890Base.dwg_2.1 Proposed Layout-12.10.2015-12.31pm) dated 30 December 2014.

This new access shall be constructed and operational no less than six (6) months from the approval of Application to Modify Development Consent 010.1991.00000252.004.

Within twenty-eight (28) days of the operation and use of the new access road, the existing access shall be removed. The land shall be restored and suitably landscaped with the same species of trees that existing along the roadside.

Advanced species shall be used. The persons having the benefit of this consent shall ensure that the landscaping shall be maintained for the life of the development and replace any dead and/or dying vegetation as soon as possible.

Construction of new access road:

CONSTRUCTION GENERAL

These conditions have been imposed to ensure that all construction work is undertaken to an approved standard and related approvals.

4A. Construction shall not commence on the site, including the placement of temporary buildings, site sheds, earthworks, site excavation, filling or other site preparation works (with the exception of site survey work), prior to the issue of a Construction Certificate by Council or a nominated Accredited Certifier.

4B. All construction and building work shall be restricted to between 7:00am and 6:00pm Mondays to Fridays (inclusive), 8.00am and 1.00pm Saturdays and prohibited on Sundays and Public Holidays unless written approval to vary the hours of work is granted by Council.

4C. Any damage to the Council footway, road or other land shall be restored in accordance with Council’s specifications prior to the issue of any Occupation Certificate for the development.


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4D. Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. These facilities are to be provided prior to the commencement of any works and:

(a) Must be a standard flushing toilet; and

(b) Must be connected:

(i) to a public sewer, or

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

In this condition:

Accredited sewage management facility means a sewage management facility to which Division 4 of Part 2 of the Local Government (General) Regulation 2005 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 41 of the Regulation.

Approved by the Council means the subject of an approval in force under Division 4 of Part 2 of the Local Government (General) Regulation 2005.

Sewage Management Facility has the same meaning as it has in the Local Government (General) Regulation 2005.

ENGINEERING & CONSTRUCTION SPECIFICATIONS

These conditions have been imposed to ensure that developments within the Shire are of a standard which is both safe and acceptable to Council and members of the public:-

4E. All works are to be designed and carried out in accordance with Wollondilly Shire Council’s adopted Design and Construction Specification.

4F. Engineering design plans and stormwater drainage calculations, for all road and drainage construction, shall be submitted to Council or a nominated Accredited Certifier.

The plans must be approved prior to the issue of a Construction Certificate for any works associated with this development. All levels are to be reduced to Australian Height Datum. Road design parameters shall comply with the requirements of Council’s Design Specifications.

4G. Council must be notified in writing, of the applicant’s intention to commence construction at least seven (7) days prior to the commencement of said works.

4H. All reasonable efforts shall be taken to protect the public footway and road pavement from damage during the course of construction. Restoration of any damaged road or footway shall be at the applicant’s expense.

A builders security deposit is to be lodged with Council prior to any work being undertaken on the property. Any costs incurred by Council as a result of repairing damages caused directly or indirectly by the development will be deducted from the security deposit.

4I. A “Soil and Water Management Plan” (SWMP) that outlines the measures that will be taken to limit and contain sediment laden runoff during construction shall be submitted to Council or a nominated Accredited Certifier.

The measures shall be in accordance with Council’s Construction Specification and the Department of Housing’s “Blue Book”. The plan is to be approved by Council or the Accredited Certifier with the Engineering Plans.

4J. A “Traffic Management Plan” that details suitable safety measures that will be implemented whenever work is being undertaken in the public road reserve shall be submitted to Council


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or a nominated Accredited Certifier.

The safety precautions are to be in accordance with the requirements of the “Traffic Control at Work Sites” manual (as published by the RTA). The plan is to be prepared and endorsed by a person with current NSW Roads and Maritime Services (RMS) certification and provided to Council or a nominated Accredited Certifier before the issue of a Construction Certificate for development.

Where it is proposed to restrict speeds, the RMS requires that all applications for Directions to Restrict Speed (DTR) for work on any Council road by developers and their contractors be submitted to the RMS.

4K. Engineer’s Certification shall be provided to the Principal Certifying Authority for all civil works carried out within the private property prior to any occupation of the development or the issue of any Occupation Certificate.

4L. A drainage system shall be provided that ensures appropriate management of stormwater on all newly constructed roads.

A drainage system shall be provided to collect and convey runoff from storms up to the 10% AEP to a point suitable for integration with a suitable natural or constructed stormwater drainage system.

Defined overland flow paths shall be provided to safely convey runoff from storm events up to the 1% AEP.

4M. Stormwater runoff from all impervious surfaces on the property shall be collected and conveyed to a point suitable for integration with either the natural or constructed stormwater drainage system.

A piped drainage system shall be provided to convey runoff from storms up to the 10% AEP. Defined overland flow paths shall be provided to safely convey runoff from storm events up to the 1% AEP.

5. Within twelve (12) months of the date of consent, work shall be commenced in respect of the construction of the intersection of Silverdale Road and Nortons Basin Road with a Type C right hand turn bay, Type A left hand turn and the appropriate sight distances for an 80kph zone achieved. Such works to be completed within six (6) weeks of commencement, weather permitting.

6. Within twelve (12) months of the date of consent, Nortons Basin Road is to be upgraded with a 6m wide bitumen seal from the Silverdale Road intersection to the quarry entrance, such works to be completed within six (6) weeks of commencement, weather permitting.

7. The new driveway access from Nortons Basin Road to the existing administration and weighbridge shall be no less than seven (7) metres wide, exclusive of drainage requirements either side.

Details shall be shown on the engineering design plans for approval by the nominated Accredited Certifier prior to the issue of any Construction Certificate.

8. The weighbridge is to remain in its present location.

9. A works specification, engineering design plan and stormwater drainage calculations with all levels reduced to Australian Height Datum for the road and drainage construction works required by Conditions 4A to 4M are to be submitted to Council within in accordance with the timeframe set by Condition 4 and approved by the Shire Engineer prior to the commencement of any work.


Drainage calculations are to be carried out in accordance with “Australian Rainfall & Runoff” published by the Institution of Engineers Australia and are to Include contoured catchment diagrams and delineation of flow path for storms of average recurrence interval


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of 1:100 years, where appropriate.

10. A Liability period of six (6) months will apply from the date of issue of the Certificate of Practical Completion by the Shire Engineer.

Prior to the release of the Certificate of Practical Completion, a bond or approved security amounting to 10% of the value of the work is to be lodged with Council as security against defects which become apparent during the maintenance period, notwithstanding that the work or materials may have been previously approved. Any omissions or defects not satisfactorily rectified by the applicant will be made good by Council and the cost deducted from the lodged security.

11. A certified “Works as Executed” plan is to be submitted before the final inspection and is to specifically include the location and level of service conduits, subsoil drains, inter-allotment drains and pipes Laid with proposed drainage easements.

12. Soil erosion and sediment control measures are to be shown on the engineering design plans required by Condition 4 to 4M inclusive, and be implemented prior to and during construction works.

13. The development is to comply with the requirements of the Environment Protection Authority.

14. Within twelve (12) months of the date of the consent of the following works are to have been undertaken in consultation with the Soil Conservation Service and be to the Service's satisfaction:-


(b) An additional embankment dam In the current creek channel in the north-eastern corner of the site is to be constructed. This wall to be designed as per Dam No.3 Plan prepared by the Soil Conservation Service, and it is considered that the most appropriate location for this is where the current drainage channel narrows slightly If, however, the existing slurry is too deep and wet in this location, the wall could conceivably be brought close to the other existing wall. To increase the capacity of this sedimentation dam an excavation of approximately 5 metres deep is to be constructed on the upstream side of this wall. The construction of this wall will necessitate works not only on the eastern side of the quarry creek channel but also on the northern side where the existing overburden dump is, so a quantity of this will have to be removed so that the wall can be constructed on a stable foundation and to prevent scarring around the sides.

(c) The disturbed creek on the western side of the quarry is to be cleaned out with an excavator back to natural rock level and the existing overburden adjacent to this Is to be battered back and spray grassed. The current “breached area” which permits this area to drain into this creek is to be walled and drainage directed back down to the Stage 2 and Stage 1 working arms and to assist in sediment control, a dam lined with layered straw and rock is to be constructed adjacent to the creek in the vicinity of this “breach”. Existing overburden to the immediate north of the proposed site for this dam is also to be brought back with an excavator to prevent further sedimentation into the creek.

(d) Any works involving alteration of surface levels within the restricted area proposed by the Water Board and detailed on Plan 180363 are to be of a minor nature only and subject to the Water Board's prior written approval and in compliance with all requirements of the Board.

15. The hours of operation of the site are to be limited as follows, except as otherwise


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approved by Council: Extraction of Material:

Monday to Friday: 6.00 am - 5.00 pm

Saturday: 7.00 am - 12 noon

Sunday/Public holidays: closed

Maintenance Activities:

(Excluding maintenance of plant and equipment used in quarry operations, which maintenance shall be carried out on the quarry floor only).

Monday to Friday: 7.30 am - 4.30 pm



Arrival and Exit of Trucks Used to Convey Products:

Monday to Friday: 6.00 am - 430 pm



16. Within three (3) months of the date of this consent, a revised Soil & Water Management Plan for all stages compiled in consultation with Council and Department of Primary Industry – Water is to be submitted to Council for approval.

This is to include full design proposals for all structures, drainage systems, erosion control measures, etc.

Any work required to sediment and erosion control devices shall be carried out within three (3) months of the date of approval by Council of the revised Soil and Water Management Plan.

16A. A revised Soil and Water Management Plan prepared by an appropriately qualified person shall be submitted to Council for approval within one (1) month of approval of the modification application that inserted this condition into the consent. The plan shall reflect the current site conditions and detail any immediate maintenance required to existing and proposed sediment and erosion control devices. Any work required to sediment and erosion control devices shall be carried out within three (3) months of the date of approval by Council of the revised Soil and Water Management Plan.

17. Deleted

17A. A revised Rehabilitation and Revegetation Plan prepared by a suitably qualified person detailing the staging and timing of the rehabilitation of the quarry shall be submitted to Council for approval within three (3) months of approval of the modification application.

This plan shall have regard to the “Extraction and Rehabilitation Plan – Extractive Industry at Lot D DP 339526, Nortons Basin Road, Wallacia NSW for Hi-Quality Quarry (NSW) Pty Ltd” approved by Council in September 2007. The report shall be either equivalent or superior to the rehabilitation requirements as approved in the aforementioned report.

The Plan shall also detail the revegetation of the quarry area including species to be used in tree planting.

All revegetation shall use provenance stock.


(i) All final batters to be 3H:1V;

(ii) Compliance with all requirements of Prospect Electricity in relation to work near the transmission line;


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(iii) Compliance with all requirements of the Water Board in relation to works an the south-eastern embankment of Stage 1;

(iv) Topsoil depth to be a minimum of 300mm;

(v) Spray grassing of batter slopes with non-invading species to be approved by the Soil Conservation Service.

18. The applicant is to immediately commence an intensive native tree and shrub seed gathering and germination programme from Stages 3, 4 and 5 areas so as to ensure that seedlings indigenous to the native area are able to be planted in rehabilitation areas in addition to actual seeding. If revegetation has not in Council's opinion been fully established in accordance with the approved plan within six (6) months of completion of that rehabilitated section, further sowing using purchased native seed is to be undertaken.

18A. Within three (3) months of approval of Application to Modify Development Consent 010.1991.00000252.004, evidence shall be supplied to Council that the tree and shrub seed gathering and germination programme required by Condition 18 has commenced.

19. Overburden material removed prior to extraction of any sandstone is to be stored on site. The retailing of this overburden is prohibited as it will be required to achieve a suitable degree of site rehabilitation.

20. Within one (1) month of the approval of Application to Modify Development Consent 010.1991.00000252.004, the persons having the benefit of this consent shall provide documentary evidence that the requirements of the following condition have been satisfied:

All fuels, oils/lubricants used for quarrying activities are to be stored in an impervious bund area.

A roof is to be constructed over the bunded area to prevent the spillage/escape of any of the aforementioned materials to the surrounding area

If such facilities have not been constructed, than details shall be submitted with the engineering design plans regarding the structure to be erected and within six (6) months of the approval of Application to Modify Development Consent 010.1991.00000252.004, the requirements of this consent must be satisfied in full.

21. Internal access and haul roads are to be adequately watered to prevent a dust nuisance arising from the quarrying operations.

22. All loads leaving the site are to be effectively covered to prevent material failing or blowing onto the roadway.

23. All disused machinery, parts and scrap metals and materials are to be removed from the site, save for such spare parts as are required by the applicant for use in plant and equipment used in connection with the extractive industry on site, such spare parts to be stored upon a part of the site as agreed with Council's Chief Town Planner and to be surrounded by an earthen bund.

24. (a) The applicant shall lodge with Council within fourteen (14) days of the date of this consent a bank bond or bank guarantee in terms and conditions acceptable to the council, or by cash (“the bond") in the amount of $125,000 as security for the implementation and completion of effective sedimentation control and site rehabilitation and completion of effective sedimentation control and site rehabilitation and revegetation works. Should the required works not be carried out in full compliance with this consent, Council shall, subject, to condition 25, carry out the work and recover the cost of this work from the bond.

(b) On the date which is twelve (12) months from the date of this consent, the applicant shall increase the amount, of the bond by $62,500 to a total of $187,500.

(c) On the date which is twenty-four (24) months from the date of this consent, the applicant shall further increase the amount of the bond by $62,500 to a total of $250,000.


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24A. In addition to the bond referred to in Condition 24, an additional bond totalling the sum of $750,000.00 must be lodged as security for the implementation and completion of the rehabilitation and revegetation of the quarry as follows:

(a) $250,000.00 within four (4) months of approval of the modification application that inserted this condition into the consent.

(b) $506,000.00 within one (1) month of the Council (acting reasonably) giving notice that it is not satisfied that rehabilitation or revegetation has been carried out in accordance with the plan referred to in Condition 17A.

25. Council shall not be entitled to call upon any part of the bond unless it has given the applicant fourteen (14) days notice in writing of its intention to so act and has, in that notice, informed the applicant in detail, of the works which it alleges are outstanding and has given the applicant, by that notice, one (1) month within which to complete the works allegedly outstanding, unless otherwise approved by Council.


“26. The applicant shall be entitled to carry out work in accordance with this consent in respect of the stages of work identified in the EIS as follows:


(b) The extraction of the balance of Stage 1 not subject to rehabilitation as outlined in 27(a) above shall be completed within three (3) years from the date of the consent, with rehabilitation of that part to be completed within six (6) mouths of completion of extraction of that Stage.

(c) The applicant shall commence and complete rehabilitation of the inner and outer faces of Stage 2 in accordance with conditions 16 and 17 within two (2) years of the date of consent;

(d) Extraction of Stages 3 and 4 may commence within fourteen (14) days of the date of consent, and rehabilitation of the worked faces of those Stages shall commence within six (6) months of the completion of extraction of those faces;

(e) The extraction of the balance of the Stage 3 shall be completed within four (4) years of the date of the consent;

(f) There shall be no extraction of material from Stage 5 until the date which is four (4) years from the date of this consent.

(g) The commencement of rehabilitation of worked faces in Stage 5 shall be within six (6) months of completion of extraction of those faces, and all rehabilitation of the quarry shall be completed within 12 months of the completion of extraction.”

If the audit report finds that works are outstanding, than the requirements of this condition shall be completed within six (6) months of the approval of Application to Modify Development Consent 010.1991.00000252.004

26A. Submission of a revised staging plan for Council approval within three (3) months of approval of the modification application, that provides the order in which the areas of the quarry shall be worked, provides an indication of the materials likely to be won in each area and an estimate of the time frame for work in each stage.

27. Council is to be formally notified in writing upon completion of each Stage and each rehabilitation process for the purposes of carrying out an inspection(s) of the works.

28. All Stages are to be pegged by a registered surveyor and a copy of a survey certificate


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certifying the compliance of the extent of work at the completion of each Stage boundary shall be forwarded to Council.

29. Within three (3) months of the approval of Application to Modify Development Consent 010.1991.00000252.004, a single monitoring bore forty (40) metres deep shall be sunk to be located in accordance with the requirements of the Department of Water Resources (or subsequent authority), to determine whether pollutants are moving in the groundwater from the excavation towards the Nepean river.

Testing is to be carried out in a manner and at a frequency as specified by the Department of Water Resources (or subsequent authority) and Council. Water tests to be conducted by an independent NATA laboratory.

Information regarding the frequency of the testing shall be provided to Council and the results of the testing shall be provided to Council and the Department of Water Resources (or subsequent authority) in accordance with the timeframes provided.

Further, the results of each calendar year shall be provided to Council with the payment of royalties in accordance with the requirements of Condition 32A.

30. An approval shall be sought from the Department of Primary Industry – Water for a Remedial Action Plan designed to prevent, stop, contain and/or remedy groundwater pollution detected by the monitoring bore.

A copy of the approval is to be submitted to the Council, or alternatively, a letter from the Department stating that no such plan is required to be submitted.

A copy of the approval is to be submitted to the Council, or alternatively, a letter from the Department stating that no such plan is required to be submitted.

31. Vehicles used for the conveying of quarry materials with destinations east of the Northern Road are to use Park Road and not Mulgoa Road.

32. (a) The applicant is to maintain, to the requirements of Council's Engineer, Nortons Basin Road from the quarry entrance to Silverdale Road for a period of four (4) years from the date of consent.

(b) For a period of four (4) years from the date of this consent the applicant shall pay to the Council a contribution pursuant to Section 94 of the Environmental Planning and Assessment Act at the rate of ten (10) cents per tonne of all extracted material transported from the site.

(c) (i) From the expiration of time referred to in sub-clause (b) hereof the applicant shall pay to the Council a contribution pursuant to Section 94 of the Environmental Planning and Assessment Act at the rate determined by Council at that time to be the current rate levied by the Council in connection with road levies pursuant to Section 94 of the Environmental Planning and Assessment Act for extractive industries (non river based material).

(ii) The said contribution will be indexed and adjusted annually as from the 18th day of June 1997 in accordance with the New South Wales Roads and Traffic Authority Cost Rise Index applicable to each year ending on 30 June and commencing on 30 June 1997 for the duration of the within development consent and the said adjustment to the contribution shall take effect from and including July each year commencing on 30June 1997 for the duration of the consent.

(d) The Council will pay all of the said contribution payments into a specially identified account for payments towards the rehabilitation, restoration, repair and/or maintenance of Nortons Basin Road and Silverdale Road and other such roads as may be traversed.

32. Shall be paid to council within one (1) month of the approval of Application to Modify Development Consent 010.1991.00000252.004.


Item 7.2

The rate per tonne used in the calculation of the outstanding levy shall be: For the year after 1 January 2000: 27.16 cents per tonne For the year after 1 January 2001: 26.74 cents per tonne For the year after 1 January 2002: 29.63 cents per tonne For the year after 1 January 2003: 30.53 cents per tonne

The payment of outstanding royalties shall be in accordance with the amount listed for January 2003.

For each payment made after the new financial year commencing July 2016, the payment per tonne shall adjusted in accordance with the consumer price indexation. That is, the first payment made in January 2017 will need to reflect the CPI adjustments per year from January 2004 to current and indexed each year thereafter.

The persons having the benefit of this consent can obtain the adjustment payment amount per tonne two (2) months before payment is due.

On the first business day of the new calendar year, the payment of royalties for the previous year shall be paid in full to Council.

33. Council shall have provided to it a copy of the monthly weighbridge report upon submission of the payment in condition 32, with the right to inspect the weighbridge books upon demand during business hours to verify the quantity of material removed from the site.

34. A Management Committee comprising representatives of Council and the applicant and such other statutory bodies as may be necessary, shall be convened on an ad hoc basis if there is a specified issue of environmental concern to be discussed.

35. At the time of lodgement of the annual performance review and the quantity survey by a registered surveyor each year the quarry operator shall arrange an inspection by Council of the site to enable the review of rehabilitation, revegetation and the quarry operations.


37. Should the works/information required by any of Conditions No. 3A, 3B, 16A, 17A, 18A, 24A, 26A, 32A and 35 not be received by Council within one (1) month of approval of the modification application that inserted this condition into the consent, then all works on the site shall cease until such time as all of the information/works required by these conditions has been completed.

If the audit report finds that works are outstanding, than the requirements of this condition shall be completed within six (6) months of the approval of Application to Modify Development Consent 010.1991.00000252.004

38. Sales of quarry products shall be limited to 350,000 tonnes per annum and importation of VENM/ENM for quarry rehabilitation shall be limited to 350,000 tonnes per annum.

39. No trucks and the other vehicles associated with the consent are permitted to park or remain stationery on Nortons Basin Road and/or any other roads in Wallacia, Warragamba and/or Silverdale.

40. A permanent wheel wash facility shall be installed in accordance with the plan titled Proposed Quarry Layout (Figure B) prepared by RW Corkery & Co. Pty Limited submitted with Application to Modify Development Consent 010.1991.00000252.004 (Ref: Y:\Jobs 531 to 1000\890\Reports\89006_Revised Long Term Mod – SoEE 2015\CAD\890Base.dwg_2.1 Proposed Layout-12.10.2015-12.31pm) dated 30 December 2014.

41. All solids captured in the wheel wash facility shall be disposed of at an accredited waste facility. Documentary evidence and records shall be kept onsite for inspection and review by Council or the Environmental Protection Agency.The spreading, reuse and/or sale of


Item 7.2

such materials onsite are strictly prohibited.

42. Submission of yearly reports to demonstrate compliance with the approved extraction plan, prepared by a suitably qualified engineer (this shall include the batters of all cut to be a maximum of 3:1).

you are invited to attend the next wollondilly shire local ...€¦ · condition 2.2.5 has been...

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