Resident queries ‘offensive’ consideration

An excerpt from MOD2026/0002: modification to the service station development DA2022/0090 states:

5.3 Offensive Operations Assessment

The Guidelines also contains a requirement for review of operations that may cause offence in the form of emissions, odour or other environmental impact. An indication of whether ‘offensiveness’ may occur at the facility is whether an Environmental Protection Authority (EPA) license is required for specific operations at the site.

A review of the site operations indicates that there are no process that would result in the manufacture, production or transfer of materials in a form that may result in the release of bulk materials at the site. Hence, an EPA licence would not be required for this site.

Further, there would be no unusual operations that would cause potential emissions, odours, or significant noise. Therefore, there is no potential for offensive operations at the site and the RHSEPP does not apply.

This was included in the Edward River Council Public Agenda for the September 22 ordinary council meeting (page 184).

The following is an excerpt from the NSW Planning (2011) Applying SEPP 33: Hazardous and Offensive Development Application Guidelines:

Consent authorities should seek information from the applicant on the quantity and nature of any discharges, and the significance of the offence likely to be caused by the development, having regard to the nature of the surrounding land use and the proposed controls. The need for any licences from the DECCW or other public authority should also be ascertained. (Page 11)

EPA licenses are generally for large scale industry: mine sites and refineries etc.

Standard retail petrol stations in NSW don’t require an Environmental Protection License (EPL).

Page five of the guidelines tells us industries that don’t require a license can still be ‘potentially offensive’: and consent authorities are advised to consult the NSW Department of Climate Control, Energy and the Environment to determine this.

If ERC did contact the DCCEEW, please provide the page numbers of any relevant council agendas.

It seems reasonable the DCCEEW might advise an AQIA (air quality impact assessment). And a NIA (noise impact assessment).

Particularly with sensitive receivers in proximity - including an R1 residential zone at 35m and a seniors’ living precinct adjacent.

Unleaded petrol vapours contain benzene, ethylbenzene, toluene, and xylene.

Benzene is a Class 1A Carcinogen and diesel exhaust fumes are a Group 1 Known Human Carcinogen (etc).

If ERC sought the quantity and nature of discharges, and significance of offence, please provide the page numbers of any relevant council documents.

NSW Planning has a process called the ‘Preliminary Risk Screen’ to assess ‘Hazard’ (explosion and similar e.g. the storage and transport of fuel).

It sets a separation distance to sensitive users in terms of ‘Hazard’/fuel storage that can be extended for ‘Offence’/air pollution ( SEPP 33 page 11).

As NSW petrol stations don’t have a licensed pathway for assessing ‘Offence’ individual councils - as the consent authority - are responsible for determining how adequate pollution control is demonstrated (SEPP 33 page 5 and 11).

“SEPP 33 ensures only those proposals which are suitably located, and able to demonstrate that they can be built and operated with an adequate level of safety and pollution control, can proceed,” it says on page one of the guidelines.

Yours etc.

Stephanie Robinson

Deniliquin