Change of Use to a vehicle sales or hire

premises
2 Ashford Avenue, Milperra
submitted to Canterbury-Bankstown Council
on behalf of Slattery Auctions
Statement of Environmental Effects

This report was prepared by:

Director: Mark Schofield

Senior Project Planner: Theo Wilkinson

Assistant Planner: William Harris

Project: P-21324

Report Version: Final

Disclaimer
This report has been prepared by Gyde Consulting with input from a number of other expert consultants (if relevant). To the best
of our knowledge, the information contained herein is neither false nor misleading and the contents are based on information and
facts that were correct at the time of writing. Gyde Consulting accepts no responsibility or liability for any errors, omissions or
resultant consequences including any loss or damage arising from reliance in information in this publication.

Copyright © Gyde Consulting

ABN 58 133 501 774

All Rights Reserved. No material may be reproduced without prior permission.

Statement of Environmental Effects

TABLE OF CONTENTS
1. EXECUTIVE SUMMARY ..................................................................................................................................................... 5

2. SITE ANALYSIS ................................................................................................................................................................. 6

2.1. Site Address and Legal Description .................................................................................................................... 6

2.2. Surrounding Context ......................................................................................................................................... 11

3. DESCRIPTION OF DEVELOPMENT ................................................................................................................................ 12

3.1. Overview ........................................................................................................................................................... 12

3.2. Cost of Works .................................................................................................................................................... 12

3.3. Operation of Development ................................................................................................................................ 12

4. STATUTORY PLANNING CONSIDERATIONS ................................................................................................................ 15

4.1. Overview ........................................................................................................................................................... 15

4.2. Environmental Planning and Assessment Act 1979 .......................................................................................... 15

4.3. Environmental Planning and Assessment Regulation 2021 .............................................................................. 16

4.4. State Environmental Planning Policies .............................................................................................................. 16

4.5. Draft Canterbury-Bankstown Consolidated Local Environmental Plan .............................................................. 18

4.6. Bankstown Local Environmental Plan 2015 ...................................................................................................... 19

5. BANKSTOWN DEVELOPMENT CONTROL PLAN 2015 ................................................................................................ 22

6. ENVIRONMENTAL IMPACT ASSESSMENT ................................................................................................................... 30

6.1. Overview ........................................................................................................................................................... 30

6.2. Context and Setting ........................................................................................................................................... 30

6.3. Natural Environment.......................................................................................................................................... 30

6.4. Site Suitability .................................................................................................................................................... 32

6.5. Social and Economic Effects ............................................................................................................................. 32

7. CONCLUSION .................................................................................................................................................................. 33
Statement of Environmental Effects

APPENDIX
NO. DOCUMENT PREPARED BY

1 Survey Plans Project Surveyors

2 Architectural Site Plan Gary Puksand

3 Waste Management Plan 3 of 6 Pty Ltd

4 Fire Safety Statement 3 of 6 Pty Ltd

Fire Safety Schedule
Fire Asset Register
Statement of Environmental Effects

1. EXECUTIVE SUMMARY
This Statement of Environmental Effects (SEE) has been prepared for Slattery Auctions by GYDE Consulting
(GYDE) to accompany a Development Application (DA) to Canterbury-Bankstown Council. The DA seeks consent to
change the use of 2 Ashford Avenue, Milperra (the site) from an air conditioner manufacturing facility to a vehicle sale
and hire premises.

This SEE has been prepared pursuant to Section 4.12 of the Environmental Planning and Assessment Act, 1979 and
Division 1 of the Environmental Planning and Assessment Regulation, 2021. The purpose of this SEE is to:

• describe the proposed development and its context;

• assess the proposal against the applicable planning controls and guidelines; and
• assess the potential environmental impacts and mitigation measures

Pursuant to the Bankstown Local Environmental Plan 2015, vehicle sale and hire premises are permissible with
consent within the IN2 Light Industrial Zone.

The SEE concludes that there are no unreasonable impacts that will result from the proposed development, and
therefore the benefits provided by the proposed use outweigh any potential impacts and its approval is in the public
interest. The proposal will deliver a suitable and appropriate development and is worthy of approval.
Statement of Environmental Effects

2. SITE ANALYSIS

2.1. Site Address and Legal Description

The site is known as 2 Ashford Avenue, Milperra. The site is legally described as Lot 6 in Deposited Plan 595328.

2.1.1. Site Location

The site is in Milperra, a suburb located approximately 4.5km south-west of Bankstown and 21km south-west of the
Sydney CBD. The site is located within the Local Government Area (LGA) of the City of Canterbury-Bankstown. A
location plan is provided at Figure 1 followed by an aerial view at Figure 2.

Figure 1: Location Plan of the site, site marked by red marker (Source: Google Maps)
Statement of Environmental Effects

Figure 2: Aerial view of the Site, site highlighted yellow and outlined in red (Source: Six Maps)

2.1.2. Site Shape and Area

The site is rectangular and has a total area of 14,590m2 (approx.). It comprises a section of drainage canal (approx.
1,120m2) and industrial land (approx. 13,470m2).

2.1.3. Easements and Right of Way

There are two (2) easements which drain water on the property. One (1) that runs along the back fence of the
property, and one (1) that runs along the creek. There is one (1) right of way and easement for electricity purposes.
An electricity box is located within the front setback which is subject of a lease with Ausgrid.

2.1.4. Existing Improvements and Relevant Planning History

The buildings were approved and constructed as a telecommunications facility in 2005. They comprise a large single
storey warehouse with a mezzanine level on the main body of the site, and a smaller three storey office building at
the rear.
Statement of Environmental Effects

On 10 November 2014, Development Application (DA) (DA-684/2014) was approved for alterations and additions to
the warehouse and use of premises for the manufacturing of air conditioning units.

The site has an existing car park which provides 87 car spaces. Under the conditions of consent of DA-684-2014, the
approved hours of operation are as follows:

• 5am – 12am (midnight) from Monday to Friday

• 5am – 4pm on Saturday.

Photos of the existing improvements on the site are provided at Figure 3 - Figure 8.

Figure 3: Panoramic view of Site looking North (Source: Near Map)

Figure 4: Panoramic view of Site looking West (Source: Near Map)

Statement of Environmental Effects

Figure 5: View of drainage canal which occupies a portion of Figure 6: View of main warehouse on 2 Ashford Avenue
Lot 6/DP 595328 (Source: Google Maps) (Source: Google Maps)

Figure 7: View of office space at 2 Ashford Avenue (Source: Figure 8: Internal view of the warehouse at 2 Ashford Avenue
Commercial Real Estate) (Source: Commercial Real Estate)

2.1.5. Site Boundaries and Access

The site is bounded by the drainage canal to the north, Bankstown Golf Course to the west, Ashford Avenue to the
east, and 12 Ashford Avenue to the south which is used by a variety of hardware suppliers and logistics companies
with a similar character to 2 Ashford Avenue.

The site is near Milperra Road, which has a signalised intersection with Ashford Avenue. The site is also within
proximity of the M5 Motorway, with access via Henry Lawson Drive and The River Road.
Statement of Environmental Effects

Figure 9: Map outlining sites proximity to Milperra Road, site with red pin (Source: Google Maps)

There is one (1) main access point to the site as shown below.

Figure 10: Access to 2 Ashford Avenue is from the east of site on Ashford Avenue (Source: Google Maps)

2.1.6. Vegetation

As shown in the aerial and panoramic views of the site (Figure 2 – Figure 4) there is light vegetation cover with
several eucalyptus trees, with limited tree cover along the drainage channel. Of note, there are two (2) large trees
within the front setback of the property.
Statement of Environmental Effects

2.1.7. Flooding

The site borders a drainage channel and is affected by a 100-year Average Recurrence Interval flood. The site is
identified as high flood risk as shown in the DCP Flood Risk Map at Figure 11 below. Flooding is discussed in detail
in Section 5 and Section 6.3.2 of this SEE.

Figure 11: Extract of Flood Risk Map prepared for the Draft DCP (Source: City of Canterbury-Bankstown)

2.2. Surrounding Context

To the north of the site is the Bankstown Aerodrome. To the east and south are general industrial facilities. Further
to the south is Western Sydney University’s - Bankstown Campus. To the west is the Bankstown Golf Course and the
Georges River.
Statement of Environmental Effects

3. DESCRIPTION OF DEVELOPMENT

3.1. Overview

The proposal seeks a change of use from light industrial to vehicle sales and hire premise. The use will occupy the
existing warehouse and office buildings. It will operate from 8am – 5pm Monday to Friday.

There are no excavation, demolition, or tree removal/landscaping works proposed. No changes are proposed to the
building or the vehicular and pedestrian access or car parking.

3.2. Cost of Works

As no works are involved in this application, there is no cost of works.

3.3. Operation of Development

The proposed operation of the site will involve the use of existing facilities for an online vehicle auction business
(most appropriately defined as a “vehicle sale or hire premises”), which will temporarily store vehicles for weekly
auction sessions. Ancillary goods will also be sold such as machinery and general goods.

Slattery Auctions (the operator) conducts all its auctions operations completely online. Buyers of auction vehicles are
permitted to inspect those items during the business hours of 8am to 5pm Monday to Friday. Operation on the site
will also facilitate a small volume of walk-ins for prospective buyers for vehicle viewings. Details of the proposed
auction type and frequency proposed are detailed below:

• Weekly online auctions of 20-40 vehicles (approx.). These vehicles are predominantly sold to a wholesale
buyer marker which buys multiple cars at once.
• Monthly online auctions of trucks and machinery. These online auctions predominantly consist of a
combination of light and medium rigid trucks and some smaller low tonnage machines. Larger assets are
predominantly sold from Slattery Auctions Newcastle premises.
• Weekly / Monthly online auctions of ancillary general goods, which includes IT equipment, office furniture,
workshop equipment and other goods. Buyers of the ancillary general goods do not often attract physical
inspections due to the low value of the goods. These transactions are predominantly conducted entirely
online with delivery via service providers.

The operation of the development requires a total of 20 staff, with eight (8) required for the operation of the
warehouse and twelve (12) professional services staff working in the office or from home.

Based on the auction types and rates above, it is estimated thirty (30) to forty (40) visitor trips will be generated per
day as part of the routine operation of the site. The visitor rates above have been estimated based on Slattery
Auctions eight (8) plus years of experience operating in Sydney.

Slattery Auctions operations have a low impact operation on the surrounding area as visitor numbers are limited and
spread over the weeks leading to an auction. Further, no hazardous goods, liquids, chemicals, or materials will be
stored on site. Only two (2) forklifts are required on site to transport vehicles and ancillary general goods. No works to
Statement of Environmental Effects

vehicles are proposed except for the washing and cleaning vehicles prior to auction.

The operational process for receiving goods, auction preparation, auction sale and post-sale collection is a consistent
low impact process repeated for each auction as numbered below and detailed in the Site Plan (Figure 12) prepared
by Gary Puksand:

1. Visitor and Staff Parking – The site has sufficient storage for 87 outdoor spaces (consistent with DA-684/2014)
and capacity within the warehouse for up to 98 vehicles.
2. Goods received area – In this are vehicles will be unloaded and taken to the outdoor vehicle storage area.
3. Outdoor vehicle storage area – vehicles will be stored in this area as well as within the internal vehicle storage
area whilst awaiting release for sale.
4. Outdoor truck and trailer storage area – trucks and trailers are stored in this area as well as in the inside
vehicle storage area whilst awaiting release for sale.
5. Outdoor machinery storage area – machinery assets are stored in this area whilst awaiting release for sale.
6. General goods storage area – smaller general goods are stored in this area.
7. Wash Bay – vehicles are washed in this area in preparation for sale. An existing wash bay is located on the site
and operated when the site was a truck repair facility.
8. Photo Booth – In this location vehicles are photographed.
9. Interior Showroom Floor – This area is dedicated as a showroom floor facilitating vehicle inspections.
10. Exterior Display Area – goods being offered for sale that cannot be stored internally are stored in this area.
11. Staff Operations – the existing small office area attached to the existing warehouse will be occupied by
operations staff.
12. Professional Services – the three (3) storey existing office building will be occupied by professional services
staff.
It should be noted that the existing spray booth marked on the Site Plan currently located within the warehouse is not
intended to be used as a spray booth. Instead, it will be used as an additional storage area.
Statement of Environmental Effects

Figure 12: Extract of Site Plan (Source: Gary Puksand)

Statement of Environmental Effects

4. STATUTORY PLANNING CONSIDERATIONS

4.1. Overview

The relevant statutory framework considered in the preparation of this report comprises:

• Environmental Planning and Assessment Act 1979;

• Environmental Planning and Assessment Regulation 2021;
• State Environmental Planning Policy (Resilience and Hazards) 2021;
• State Environmental Planning Policy (Biodiversity and Conservation) 2021;
• Draft Consolidated Canterbury-Bankstown Local Environmental Plan; and
• Bankstown Local Environmental Plan 2015.
Where relevant, these controls are addressed below.

4.2. Environmental Planning and Assessment Act 1979

4.2.1. Section 4.15 of EP&A Act 1979

Section 4.15(1) of the Act as amended specifies the matters which a consent authority must consider when
determining a development application. The relevant matters for consideration under Section 4.15 of the Act are
addressed in the Table below.

Table 1: Section 4.15 of EP&A Act 1979.

SECTION COMMENT

Section 4.15(1)(a)(i) Consideration of relevant instruments is discussed in Section 4.

Any environmental planning instrument

Section 4.15(1)(a)(ii) The Draft Consolidated Canterbury-Bankstown Local Environmental Plan

Any draft environmental planning is considered in Section 4.5.
instrument

Section 4.15(1)(a)(iii) Consideration of relevant the development control plan is discussed in

Any development control plan Section 5.

Section 4.15(1)(a)(iiia) Not relevant to this application.

Any planning agreement

Section 4.15(1)(a)(iv) Refer to Section 4.3.

Matters prescribed by the regulations

Section 4.15(1)(b) - (e) Refer to Section 6 of this SEE for consideration of (b), (c) and (e). Matter
(d) relates to submissions and is a matter for the consent authority.
Statement of Environmental Effects

4.2.2. Section 4.46 – Integrated Development

This section of the Act defines integrated development as matters which require consent from Council and one or
more approvals under related legislation. In these circumstances, prior to granting consent Council must obtain from
each relevant approval body their General Terms of Approval (GTA) in relation to the development.

The proposed development is not nominated as integrated development and does not require a separate approval.

4.3. Environmental Planning and Assessment Regulation 2021

4.3.1. Clause 69 – Compliance with the BCA

Pursuant to the prescribed conditions under Clause 69 of the Regulation, any building work "must be carried out in
accordance with the requirements of the Building Code of Australia". Council must consider whether the proposed
development is capable of complying with the BCA without significant modification.

No building work is required to the existing buildings on the site to facilitate the proposed change of use. Copies of the
annual fire safety certificates are provided in Appendix 4.

4.4. State Environmental Planning Policies

4.4.1. State Environmental Planning Policy (Resilience and Hazards) 2021

State Environmental Planning Policy (Resilience and Hazards) 2021 establishes State-wide provisions to promote
the remediation of contaminated land and the management of development within coastal areas.

Section 4.6 of the State Environmental Planning Policy (Resilience and Hazards) 2021 requires that a consent
authority must not grant consent to a development unless it has considered whether a site is contaminated, and it is
satisfied that the land is suitable (or will be after undergoing remediation) for the proposed use.

An approved air conditioning manufacturing facility exists on the subject site. The proposed use of the site as a
vehicle sale and hire premises does not represent a more sensitive land use than existing. The site is not subject to
matters highlighted under the Contaminated Land Management Act 1997 as confirmed in the Section 10.7 certificate
for the site. No excavation or changes to the built form are proposed. Therefore, Council can be satisfied in terms of
Section 4.6 with no further investigation warranted.

Chapter 2 of State Environmental Planning Policy (Resilience and Hazards) 2021 aims to provide development
controls for coastal wetlands and littoral rainforests, coastal vulnerability areas, coastal environmental areas, and
coastal use areas.

The site is located just outside of the boundaries of the 'Coastal Wetlands' or 'Proximity Area for Coastal Wetlands' as
shown in the Coastal Wetlands and Littoral Rainforest Area Map below in Figure 13. As the change of use reduces
the environmental impact of the development through a shift from light industrial to commercial uses, the proposed
Statement of Environmental Effects

development will not significantly impact the biophysical, hydrological or ecological integrity of the adjacent coastal
wetland, or the quantity and quality of surface and ground water flows to and from the adjacent coastal wetland.

Figure 13: Coastal Wetlands and Littoral Rainforest Area Map, approximate site location in red. (Source: NSW Department of
Planning and Environment)

4.4.2. State Environmental Planning Policy (Biodiversity and Conservation) 2021

The State Environmental Planning Policy (Biodiversity and Conservation) 2021 (Biodiversity and Conservation
SEPP) was introduced to consolidate State Environmental Planning Policies regarding vegetation clearing, urban
bushland, koala habitat, water catchments, and canal development.

Under Chapter 2 of the Biodiversity and Conservation SEPP, any vegetation highlighted under the Bankstown
Development Control Plan 2015 would require a permit to gain permissibility for its removal. As the development
does not propose any alterations or additions to the built form of the site and its landscaping, a permit will not be
required for the proposed development.

Under Chapter 11 of the Biodiversity and Conservation SEPP, the general aims are to protect and maintain the
Georges River Catchment. As the development does not propose any alterations or additions to the built form of the
site and its landscaping or stormwater drainage, the proposal remains consistent with the SEPP. Significantly, no
chemicals or fuels will be stored on site.
Statement of Environmental Effects

4.5. Draft Canterbury-Bankstown Consolidated Local Environmental Plan

The land is affected by Planning Proposal (PP_2019_CBANK_005) which is currently being finalised by the NSW
Department of Planning and Environment. The Planning Proposal seeks to produce a harmonised set of planning
rules for the Canterbury Bankstown Local Government Area and to implement key actions of current land use
strategies. The aims of the Planning Proposal include:

• Retaining and managing industrial lands and other employment lands to meet the employment needs of the city
and the wider district.
• Reinforcing the low density character of the suburban neighbourhoods.
• Achieving better standards of design quality.
• Encouraging a high quality and activated public domain with good solar access.
• Protecting areas of high biodiversity significance.
• Strengthening the function of existing open spaces that serve community and visitor needs.
• Minimising risk to the community in areas subject to environmental hazards by restricting development in
sensitive areas.
The Zoning, Height of Building (HoB), Floor Space Ratio (FSR), and Minimum Lot Size controls applicable to the site
are not proposed to change as part of the planning proposal. However, the Planning Proposal amends the Terrestrial
Biodiversity Map to include the Bankstown Golf Course, located immediately to the west of the site as "terrestrial
biodiversity" (refer to Figure 14). As the site does not propose any amendments to the built form, landscape layout,
and reduces the intensity of the land use, the proposed development will have a minimal impact on its surrounding
terrestrial biodiversity.

Figure 14: An extract of the amended Terrestrial Biodiversity Map, with the site outlined in red (Source: Canterbury Bankstown
Council)
Statement of Environmental Effects

4.6. Bankstown Local Environmental Plan 2015

The following matters in are relevant to the development under the Bankstown Local Environmental Plan 2015 (BLEP
2015).

Table 2: Bankstown LEP 2015 Compliance Table

CLAUSE COMMENT COMPLIANCE

Part 2 Permitted or prohibited development

Land Use Table

Zone Vehicle sales or hire premises are permissible with Yes

IN2 – Light Industrial consent in the IN2 Light Industrial zone.

The BLEP 2015 definition of “vehicle sales or hire

premises” is:

“a building or place used for the display, sale or hire of

motor vehicles, caravans, boats, trailers, agricultural
machinery and the like, whether or not accessories are
sold or displayed there.”

The proposed use of the site as outlined in Section 3 is

consistent with the BLEP definition of vehicle sales or
hire premises.

Note – vehicle sales or hire premises are a type of

retail premises.
Note – retail premises are a type of commercial
premises.

Objectives of zone A vehicle sales or hire premises is a commercial land Yes

use, which is related to light industrial and warehouse
• To provide a wide range of light land uses as it utilises the existing built form.
industrial, warehouse and related
land uses. The vehicle sales or hire premises will employ twenty
• To encourage employment (20) members of staff, which is consistent with
opportunities and to support the encouraging employment opportunities.
viability of centres.
• To minimise any adverse effect of The proposal is a low intensity use which will result in
industry on other land uses. no adverse noise or traffic impacts.
• To enable other land uses that
provide facilities or services to meet The proposal does not prevent other land uses from
the day to day needs of workers in being provided in the area to meet the daily needs of
Statement of Environmental Effects

CLAUSE COMMENT COMPLIANCE

the area. workers.

• To support and protect industrial
land for industrial uses. The site will not reduce the amenity of other industrial
uses and provides a commercial use which supports
neighbouring industrial uses.

Part 4 Principal development standards

4.1 Minimum subdivision lot size

• A minimum lot size of 1,000 m2 is Subdivision is not proposed on the site. N/A
permitted for the site.

4.3 Height of buildings

• There is no applicable maximum The site will use the existing warehouse facility and N/A
height of building control. does not propose any alterations to the height of the
development.

4.4 Floor space ratio

• A maximum floor space ratio of 1:1 The site will use the existing warehouse facility and Yes
is permitted for the site. does not propose any alterations to the floor space
ratio of the development.

Part 5 Miscellaneous provisions

5.21 Flood planning

• Development consent must not be The existing built form on the site, which will be utilised Yes
granted to development on land the by the proposed land use, is setback approximately 25
consent authority considers to be metres from the stormwater easement in the site and
within the flood planning area does not impact the function of the easement.
unless the consent authority is
satisfied the development— As the proposed development will not alter the existing
(a) is compatible with the flood built form or landscaping on the site, the change of use
function and behaviour on the land, will not adversely affect the current flood behaviour and
and its impact on neighbouring properties.
(b) will not adversely affect flood
behaviour in a way that results in As the site will generate a low level of traffic and
detrimental increases in the typically supports eight (8) employees on site (and a
potential flood affectation of other maximum of twenty (20) if no staff are working from
development or properties, and home, the change of use will not adversely impact the
(c) will not adversely affect the safe safe occupation and evacuation of the site and
occupation and efficient evacuation surrounding areas.
of people or exceed the capacity of
existing evacuation routes for the The change of use will utilise the existing built form and
Statement of Environmental Effects

CLAUSE COMMENT COMPLIANCE

surrounding area in the event of a will not increase erosion or siltation or have any effect
flood, and on the stability of the stormwater drainage canal
(d) incorporates appropriate embankments.
measures to manage risk to life in
the event of a flood, and
(e) will not adversely affect the
environment or cause avoidable
erosion, siltation, destruction of
riparian vegetation or a reduction in
the stability of river banks or
watercourses.
Statement of Environmental Effects

5. BANKSTOWN DEVELOPMENT CONTROL PLAN 2015

Consideration of compliance and/or consistency with the relevant provisions within the Bankstown Development
Control Plan 2015 (BDCP 2015) is provided in Table 3.

Table 3: Banktstown DCP 2015 Compliance Table

PROVISIONS COMMENT COMPLIANCE

Part B3 Industrial Precincts

Section 3 – Building Design

3.9 Service stations and vehicle sales or hire No vehicle repair stations are proposed as Yes
premises must locate the vehicle repair stations part of the proposed vehicle sales or hire
and associated car parking areas in the basement premises.
or at the rear of an allotment. The vehicle sales or hire premises will utilise
the existing warehouse to store most
vehicles. Some vehicles will also be stored
externally towards the rear of the allotment
as detailed in the Site Plan prepared by
Gary Puksand (Appendix 2).

3.17 Where an allotment shares a boundary with a The existing car park is setback 2.5 metres No, but
railway corridor or an open stormwater drain, any (approx.) from the open stormwater drain on consistent with
building, solid fence, or car park on the allotment the northern property boundary. existing
should, wherever practical, be setback a minimum development.
1.5 metres from that boundary. The setback The existing car park is screened by a
distance must be: mixture of native and non-native shrubs and
(a) treated with hedging or climbing vines to screen small trees which provide a similar
the building, solid fence, or car park when viewed screening effect as hedging.
from the railway corridor or open stormwater drain;
and The proposed change of use on the site will
(b) the hedging or climbing vines must be planted retain existing vegetation on the easement
prior to the completion of the development using a boundary. As such, the planting of new
minimum 300mm pot size; and vegetation and the installation of a planter
(c) the planter bed area must incorporate a bed with a commercial grade irrigation
commercial grade, sub–surface, automatic, self– system is deemed to be unnecessary.
timed irrigation system; and
(d) the allotment must be fenced along the The proposed change of use will retain the
boundary using a minimum 2 metre high chain–wire existing chain wire fence on site.
fence; and
(e) the fence provides an appropriate access point The existing property boundary fencing
to maintain the landscaping within the setback area; provides an access point along the front
Statement of Environmental Effects

PROVISIONS COMMENT COMPLIANCE

and setback to maintain the vegetation.

(f) where a car park adjoins the boundary, hedging
or climbing vines must also be planted along the Existing vegetation along the property
sides of any building or solid fence on the allotment boundary effectively screens the sides of the
that face the railway corridor or open stormwater building from the stormwater canal, making
drain. additional planting unnecessary.

3.18 Council must take into consideration the Consideration of parking rates is outlined Yes
following matters for development in the industrial under Part B5 parking.
zones:
(a) whether the proposed development will provide The site will maintain the existing
adequate off-street parking, relative to the demand landscaping approved under the previous
for parking likely to be generated; development applications.
(b) whether the site of the proposed development
will be suitably landscaped, particularly between The proposed change of use will maintain
any buildings and the street alignment; the existing built form, maintaining the
(c) whether the proposed development will character and appearance of the locality.
contribute to the maintenance or improvement of
the character and appearance of the locality; Only two (2) forklifts are required to
(d) whether access to the proposed development transport auction goods around the site. All
will be available by means other than a residential vehicles and cleaning material will be stored
street but, if no other means of practical access is appropriately on site.
available, the consent authority must have regard to
a written statement that: The site is more than 500 metres away from
(i) illustrates that no alternative access is available residential development and will have no
otherwise than by means of a residential street; and impact on its amenity.
(ii) demonstrates that consideration has been given
to the effect of traffic generated from the site and Due to the reduced intensity of the land use,
the likely impact on surrounding residential areas; the vehicle sales and hire premises will use
and less energy than the air conditioning
(iii) identifies appropriate traffic management manufacturing facility, which will increase its
schemes which would mitigate potential impacts of energy efficiency in operation.
the traffic generated from the development on any
residential environment;
(e) whether goods, plant, equipment and other
material used in carrying out the proposed
development will be suitably stored or screened;
(f) whether the proposed development will detract
from the amenity of any residential area in the
vicinity; and
(g) whether the proposed development adopts
Statement of Environmental Effects

PROVISIONS COMMENT COMPLIANCE

energy efficiency and resource conservation

measures related to its design, construction and
operation.

Section 4 – Environmental Management

Objectives

The objectives are: Yes

(a) To have development that minimises pollution The reduced intensity of the land use will
and environmental risk, and enhance ecological reduce the environmental and pollution risk
values. from the operation of the site.
(b) To have development that provides adequate
amenity to people who work in and visit the local The existing facilities on the site will provide
area. adequate amenity to people who work in
and visit the site and locality.

Acoustic privacy

4.1 Development must: The site is 572 metres (approx.) away from Yes
(a) consider the Industrial Noise Policy and the residential development and will have no
acoustic amenity of adjoining residential zoned impact on its acoustic amenity.
land; and The proposed use only requires two (2)
(b) may require adequate soundproofing to any forklifts for the transportation of auction
machinery or activity that is considered to create a around the site which will not result in
noise nuisance. activities which could be considered a noise
nuisance.
Further, the proposed hours of operation are
reduced from the current approved use. This
will ensure that there are reduced noise
impacts.

Pollution control

4.2 Development must adequately control any The site will not produce any fumes or odour Yes
fumes, odour emissions, and potential water emissions that are unacceptable for the
pollutants in accordance with the requirements of character of the development. Car wash
the relevant public authority materials will be disposed of in an
acceptable manner to prevent potential
water pollution.

Part B5 Parking

Off-Street Parking

2.1 Development must calculate the amount of As the site is approximately 14,590 m2 in No, but
Statement of Environmental Effects

PROVISIONS COMMENT COMPLIANCE

parking required using the schedule of off–street area, the parking rates for a vehicle sale or justified due to
parking requirements. hire premises would require 109 parking the low
spaces for the site. intensity
Vehicle sales or hire premises – 1.5 car spaces per nature of the
200m² of site area; and 6 car spaces per work bay Although, the existing development (DA- use.
if servicing facilities are provided. 684/2014) has approval for 87 parking
space, the site has capacity for a maximum
of approximately 185 vehicles on site (98
(approx.) within the warehouse and 87
(approx.) outside, inclusive of vehicles
stored on site for auction, and staff and
visitor spaces.

No additional visitor or staff parking is

required for the proposed change of use,
due to the following reasons:
• The proposed development is a low
intensity use auctions are undertaken
online and inspections are carried out
throughout the week rather than one off
action days.
• The facility will have a maximum of 20
employees on site and it is estimated
that it will only generate 30 to 40 vehicle
movements a day.
• The proposed hours of operation are
8am to 5pm only, which means on
average a maximum of 4 vehicles will
visit the site per hour. This is consistent
with Slattery Auction’s operations in
Sydney and Newcastle.
• It is conservatively estimated that a total
of 30 car parking spaces would be
required at any time, with 87 external
spaces available.
• There is capacity for up to 98 vehicles to
be stored internally within the
warehouse.
• The warehouse will effectively operate
as a car park, storing vehicles as they
move through the sales process.
Statement of Environmental Effects

PROVISIONS COMMENT COMPLIANCE

2.3 Car parking and driveway access in flood liable The site will use the existing car parking Yes
land in the City of Bankstown must be in facilities and driveway approved under prior
accordance with Part B12–Flood Risk Management DAs.
of this DCP.

Part B12 Stormwater Management

Controls

3.2.1 – Performance Criteria As the proposed development will not alter Yes
(a) The proposed development should not result in the existing built form or landscaping on the
any significant increase in risk to human life, or in a site, the change of use will not increase risk
significant increase in economic or social costs as a to human life, or adversely impact the social
result of flooding. and economic costs of a flood event.
(b) The proposal should only be permitted where
effective warning time and reliable access is As the site will rely on the existing built form
available to an area free of risk from flooding, and infrastructure, the proposed vehicle
consistent with any relevant Flood Plan or flood sales and hire premises will have reliable
evacuation strategy. access and can be evacuated to the south
(c) Development should not significantly increase of the development, and then to Slattery
the potential for damage or risk other properties Auctions (the operator) other premises in
either individually or in combination with the Newcastle.
cumulative impact of development that is likely to
occur in the same floodplain. As the proposed development will not alter
(d) Motor vehicles are able to be relocated, the existing built form or landscaping on the
undamaged, to an area with substantially less risk site, the change of use will not adversely
from flooding, within effective warning time. affect the current flood behaviour and its
(e) Procedures would be in place, if necessary, impact on neighbouring properties.
(such as warning systems, signage or evacuation
drills) so that people are aware of the need to As the existing development is separated
evacuate and relocate motor vehicles during a flood from the stormwater drainage canal with an
and are capable of identifying the appropriate embankment, the evacuation of motor
evacuation route. vehicles is possible with effective warning
(f) To minimise the damage to property, including time. If there was effective warning time it
motor vehicles arising from flooding. would be possible to transport the goods to
(g) Development should not result in significant Slattery Auctions (the operators) other
impacts upon the amenity of an area by way of facility in Newcastle.
unacceptable overshadowing of adjoining
properties, privacy impacts (e.g. by unsympathetic Nonetheless, a Flood Management Plan and
house–raising) or by being incompatible with the Flood Evacuation Plan will be prepared prior
streetscape or character of the locality. to the occupation of the premises.
Statement of Environmental Effects

PROVISIONS COMMENT COMPLIANCE

The existing built form will not be amended

under the proposed change of use DA, so
no adverse impacts on neighbouring
developments should be experienced.

Schedule 2 – Land Use Categories

Vehicle Sales or Hire Premises – See analysis under the Performance Criteria Yes
(iii) A change of use which does not increase flood above.
risk having regard to property damage and personal
safety

Schedule 5 – Catchments Affected by Stormwater Flooding

Flood Effects – As there are no physical changes proposed, Yes
2. Applicant to demonstrate to Council's satisfaction there will be no impact on flood storage or
(by way of an engineers report if requested) that the the movement of waters.
development will not increase flooding effects
elsewhere, having regard to: loss of flood storage;
changes in flood levels, flows and velocities; the
cumulative impacts of multiple developments in the
vicinity. The report should also identify the
presence of any "major overland flow paths" (refer
to Note 8 in Notes to Table). Note: Where major
overland flow paths are present, this may result in
restrictions of the proposed development to
maintain the functioning of the flowpath, and/or to
manage the impacts of development on properties.
Refer also to Council's Development Engineering
Standards Policy.

Evacuation

3. Reliable access for pedestrians or vehicles is The site will utilise existing pedestrian and Yes
required. An engineers report may be needed to vehicle access on Ashford Avenue if
address this matter and should consider access for evacuation is required.
pedestrians or vehicles to a publicly accessible
location above the 100–year flood level. Where The existing site access will be used for
feasible, an area of refuge within the building or evacuation, which has adequately
development site that is above the PMF level, and addressed flooding requirements under
which is equal to 20% of the gross floor area of the previous development applications.
development, or such other area capable of
accommodating the number of people likely to A Flood Management Plan and Flood
require evacuation; Evacuation Plan will be prepared prior to the
Statement of Environmental Effects

PROVISIONS COMMENT COMPLIANCE

4. The evacuation requirements of the development occupation of the premises.

are to be considered. An engineers report will be
required if circumstances are possible that the
evacuation of persons may not be achieved within
the effective warning time.
5. An evacuation strategy to be considered and
proposals made for improving the evacuation
arrangements to the site in relation to the present
situation where possible. Adequate flood warning
should be available to allow safe and orderly
evacuation without undue reliance on the SES or
other authorised emergency personnel. Options
could include the provision of access for
pedestrians or vehicles to a publicly accessible
location, or an area of refuge equal to at least 20%
of the gross floor area, or such other area capable
of accommodating the number of people likely to
require evacuation that is above the probable
maximum flood level.
6. The development should be consistent with any
flood evacuation strategy, flood plan or similar
strategy that has been adopted by Council.

Management and Design

3. Applicant to demonstrate that there is an The proposed change of use will utilise Yes
available area above the 100-year flood level plus existing storage solutions above the 100-
freeboard to store goods; year flood level plus freeboard height.
4. No storage of materials below the prescribed
floor level which may cause pollution or be Potentially polluting materials will be stored
potentially hazardous during floods. in existing areas above the 100-year flood
level plus freeboard height.

B13 Waste Management and Minimisation

Commercial Development
3.1 Development must provide bin storage and The proposed development will use existing Yes
separation facilities. bin storage and separation facilities.

3.2 Development must provide an appropriate and A Waste Management Plan detailing the Yes
efficient waste storage system that considers: private waste provider specifications has
(a) the volume of waste generated on–site; been provided accompanying this DA.
(b) the number of bins required for the development
Statement of Environmental Effects

PROVISIONS COMMENT COMPLIANCE

and their size; and

(c) waste and recycling collection frequencies.

3.5 Bin storage areas are to integrate with the The existing bin storage area is integrated Yes
overall design and functionality of development and with the design and functionality of the site
are to locate within the building envelope to enable and is screen by the existing metal office on
these areas to be screened from view from the the northern façade of the development.
public domain.

3.8 Waste collection frequency is to be a minimum Details of the frequency of waste collection Yes
of once per week. Higher collection frequency may are provided within the Waste Management
be required for development with larger waste Plan.
generation rates and to ensure bin storage areas
are kept clean, hygienic and free from odours.
Statement of Environmental Effects

6. ENVIRONMENTAL IMPACT ASSESSMENT

6.1. Overview

This section identifies and assesses the impacts of the development with specific reference to the heads of
consideration under Section 4.15 of the Act.

6.2. Context and Setting

The context and setting of the development site are described in Section 2 of this SEE.

The proposal will not involve building or site works and as such does not propose any changes to the existing built
form. The site is within an established light industrial precinct and is surrounded by similar industrial uses. The
proposed use and operating hours will therefore be consistent with the industrial context and setting of the site.

6.3. Natural Environment

6.3.1. Ecology

The proposal does not involve the removal of any trees or vegetation and, as such, the biodiversity value of the land
will not be impacted by the proposal. The proposal will also not alter the water management processes at the site and
will not lower the existing water table. No excavation is proposed and therefore there will be no disturbance to the
surrounding soil profile and vegetation.

6.3.2. Flooding

No alterations or additions to the approved development are proposed and therefore the proposal remains
acceptable regarding flooding. Refer to Section 5 for further detail. A Flood Management Plan and Flood Evacuation
Plan will be prepared if required prior to the occupation of the premises.

6.3.3. Noise

As demonstrated in Figure 15, the site is located more than 572m (approx.) from the closest residential uses and
sensitive receiver sites. Additionally, the site represents a less intensive land use than previously approved on the
site, as the site is proposed to be converted into a commercial premises without the operation of machinery.
Therefore, the proposed change of use will produce minimal noise pollution and will have minimal impact on
surrounding land uses.
Statement of Environmental Effects

Figure 15: A map demonstrating the distance from the site to the closest residential use (Source: Google Maps)
Statement of Environmental Effects

6.4. Site Suitability

The site does not contain any constraints that would impact the suitability of the site for the proposed use and
proposed operating hours. The site was previously used as air conditioning manufacturing facility (a light industrial
use) and no amendments are required for the use as a vehicle auction facility (a vehicle sales or hire premises). The
site has already been assessed as being suitable in previous approvals.

6.5. Social and Economic Effects

6.5.1. Crime and Safety

The existing built form and landscaping to be utilised in the proposed car auction facility will provide adequate
mitigation methods to prevent crime through its environmental design. The proposed development is within the land
use character of the area and will not attract additional criminal interest.

The site is protected by a high chain wire fencing, which is gated at night to prevent access. The warehouse will be
locked and secured at night, preventing access to the cars stored internally outside of the hours of operation. The site
also allows for passive surveillance from neighbouring developments and from the street as the existing landscaping
does not fully obscure the façade or site access points. Additionally, the site includes CCTV surveillance and alarm
systems which will alert the relevant authorities regarding illegal trespassing. Therefore, the site will not pose an
increased risk to crime and safety in the surrounding area and adequately addresses crime and safety on site.

6.5.2. Social, Economic and Employment

The proposed change of use will provide adequate employment opportunities within the context of the IN2 Light
Industrial zone, as the site will employ 20 personnel within the desired industries outlined under the BLEP 2015.

The site will also have minimal impact on the amenity of other land uses within the area, as the site will not detract
from social infrastructure provided in the surrounding area and will not decrease the amenity of the neighbouring
Bankstown Golf Course and other adjacent land uses through the generation of noise, fumes, or odours. Due to the
reduction in the intensity of the land use as well as the employment opportunities generated by the new land use, the
site will adequately address the social, economic, and employment character of the area.

6.5.3. Public Interest

The proposed use causes no unreasonable impacts that will result from the proposed development, and therefore the
benefits provided by the proposed use outweigh any potential impacts and its approval is in the public interest. The
proposal will deliver a suitable and appropriate development and is worthy of approval.
Statement of Environmental Effects

7. CONCLUSION
This DA seeks approval for a change of use from an air conditioning manufacturing facility to a vehicle sales or hire
premises at 2 Ashford Avenue, Milperra.

This SEE has undertaken an environmental assessment and has concluded that the proposal:

• is an appropriate response to the context, setting, planning instruments and development guidelines and other
considerations outlined in Section 4.15(1) of the Environmental Planning and Assessment Act, 1979;
• provides a use that is consistent with and appropriate to the desired future character of the site;
• has no adverse public safety or amenity impacts; and
• has no adverse impacts on the environment, traffic, noise or other external features or services.
The benefits provided by the proposed use outweigh any potential impacts and its approval is considered to be in the
public interest. The proposal will deliver a suitable and appropriate development and is worthy of approval.