The Newlands Development site at 21 to 41 Canberra Avenue and 18 – 32 Holdsworth Avenue St Leonards has agreed to stop work until adequate sediment control is in place.
With the heavy rains on the weekend of 4 and 5 November 2023 the lack of sediment control at the Newlands Development was apparent (see photos below).
It was another weekend of constant rain on 24 and 25 November 2023 and the lack of sediment control resulted in Berry’s Creek turning brown.
Berrys Creek runs through Greenwich and Wollstonecraft and has been identified by the Australian Institute of Landscape Architects (AILA) as part of local reserves that are rare examples of a natural place within a highly urban city.
AILA are of the view that the area is of state significance as one of the few remaining natural landscapes on Sydney Harbour that is mainly unmodified.
Unfortunately, this is not the first time that the environmentally sensitive area of Berry’s Creek has been polluted, with a diesel leak from another development in St Leonards – read more here.
Who is the Developer?
The site is being developed by Top Spring. On their website it is noted:
“Top Spring Australia is internationally renowned for its expertise in residential and commercial real estate development. Based in Hong Kong and Australia, the firm has completed over 20 premium projects in 12 cities around the world. Top Spring Australia creates sophisticated homes that enrich the lives of residents and the community alike.”
The tagline for the development is urban living in a bushland environment.
Lane Cove Council Action
Lane Cove Council staff attended the site on 24 and 25 November 2023 and noted the existing site and sediment controls were not coping with the weather as silt laden water was leaving the site.
Senior Council staff met with Top Spring Australia senior management on Monday 27th November 2023 to discuss their concerns.
Top Spring Australia was advised that Lane Cove Council would be issuing a Clean Up Notice under Section 91 of the Protection of the Environment Operations Act 1997.
The notice requires the immediate clean-up of Berry Creek by a suitably qualified professional and the submission of a report from an Ecologist confirming the works as carried out satisfy the Notice.
Top Spring Australia was also advised that two penalty infringement notices would be issued for the following offences:
- POEO Act – Pollute Waters $8,000
- Breach DA conditions – Silt & Sediment controls $6,000
Stop Work Order
Lane Cove Council advised Top Spring Australia that they would be issuing a stop work order.
Top Spring Australia voluntarily agreed to cease construction works on the site immediately. Lane Cove Council will not issue the Stop Work Order at this stage.
The following steps have been noted on Lane Cove Council’s website:
- Construction of a trench along the boundary to Canberra Avenue and River Rd. The trench is to capture the water and be filled with aggregate to filter the sediment.
- Construction of a sediment basin on the site.
- Upgrade of silt fence along the boundary
- Council has requested that they provide drawings/plans for these new controls. Council will be engaging a suitable professional to peer review these plans.
Lane Cove Council have inspected the site and confirmed that construction had ceased and that upgrade works had commenced.
The inspection revealed that the following measures were required:
- Street gutters require cleaning and maintenance
- Council’s stormwater pits must be cleaned out
- The footpath must be cleaned for the full length of the boundary
- The silt and sediment fences require urgent replacement at the boundary
- Particular attention should be given to the two driveway access to the site
- The roadway in Canberra Avenue needs to be cleaned
- General clean-up of the site, removal of damaged mesh fencing adjacent
Why did it take the pollution of Berrys Creek for Lane Cove Council to act? The photos above, taken on the weekend of 4th and 5th November, show adequate evidence of lack of sediment control.
Update
This video was filmed around 4.30 pm today (29 November 2023)
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