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THE CITY OF SYDNEY … CONCLUSION …
We’ll continue to work with the developer until we’re satisfied it
has taken all necessary steps to ensure the site is suitable for purchasers to move in.
For more information, contact the City on 02 9265 9333.Erskineville
Last updated 6 January 2020.
RELATED ARTICLE … ‘TOXIC SECRET KEPT FROM OWNERS OF ERSKINEVILLE UNITS
/ CAA4NSW /
HOW likely is it that an ‘acceptable’ outcome will be achieved for the residents unless the City of Sydney persists with its strong stand?
More than a year has passed since completion and the developer has neither resolved nor addressed the contamination issues!
Read more …
An update on Sugarcube Apartments and Honeycomb Terraces
The latest information on the Erskineville development.
We approved the construction of Sugarcube Apartments and Honeycomb Terraces in the old Ashmore industrial precinct in Erskineville in September 2015.
This approval came with strict conditions, the developer, Golden Rain, had to follow before starting construction.
These conditions required the developer to remediate the site due to contaminated groundwater and the presence of heavy metals, hydrocarbons and asbestos.
The remediation had to be carried out in accordance with a remediation action plan approved by an independent site auditor.
We contend that the developer began construction without meeting all these conditions.
The developer also proposed a number of environmental management plans that would make the City of Sydney and future residents responsible for ongoing monitoring of the site.
How the City of Sydney responded
We met with Golden Rain on numerous occasions. This included a review of environmental data and discussions with the NSW Environment Protection Authority (EPA)-accredited site auditor.
On 20 August 2019, we wrote to Golden Rain and suggested:
- environmental insurance be investigated to cover any future rehabilitation costs
- revised environmental management plans for the terraces, apartments and public roads
- modification of the existing development consent to incorporate the 3 revised environmental management plans
- Golden Rain provide a clear strategy for maintenance of the vapour barrier system installed under the terraces to capture and divert vapours from the groundwater.
Further site testing
The EPA issued a letter to Golden Rain on 3 September 2019 advising of the potential migration of contaminated groundwater to neighbouring properties.
The EPA told the developer it needed further testing referred to as “flux-based groundwater assessments” to address this issue.
Golden Rain’s consultants prepared a report on 22 October 2019, which the site auditor reviewed on 26 October 2019.
The site auditor required numerous matters to be addressed in the report and for it to be revised and resubmitted by Golden Rain.
On 7 November 2019, Golden Rain advised us it was finalising the revised flux testing report for resubmission to the site auditor and EPA.
Golden Rain also advised it has carried out further work on the remediation action plan, the 3 environmental management plans and a strategy for the operation of the terrace vapour barrier system.
EPA response – December 2019
The EPA has advised that neighbouring properties and future occupiers of the site aren’t at risk, provided the contamination is managed on an ongoing basis by long-term environmental management plans.
The EPA also provided a report setting out the requirements that need to be considered as part of the environmental management plans to be adopted. On this basis, the EPA advised that it considers it unnecessary to regulate the site under the Contaminated Lands Management Act 1997 (“CLM Act”).
What happens next
Golden Rain updated the City on 20 December 2019 and indicated a path forward following the response from the EPA. Golden Rain advised us it intends to:
- lodge a modification application in January 2020 to amend the terms of the development consent and voluntary planning agreement to permit the staged occupation of the site, starting with Sugarcube Apartments and followed by Honeycomb Terraces at a later time
- provide an addendum to the remediation action plan for the site
- provide an updated risk assessment for the Honeycomb Terraces
- provide a strategy for a community title of the Honeycomb Terraces.
Golden Rain also provided us with an updated environmental management plan for the Sugarcube Apartments building.
We’re currently awaiting further documentation. It’s expected that the modification application will need to be publicly notified for a 2-week period.
Any approved environmental management plans will need to be listed as a positive covenant on land titles.
What the purchasers of these apartments can do
We understand this has been an incredibly frustrating experience for the purchasers of these units and terraces.
Purchasers are encouraged to seek their own legal advice if they’re concerned about the ongoing contamination issue.
We’re aiming for a solution that doesn’t negatively impact future residents and the public for many years to come.
We’ll continue to work with the developer until we’re satisfied it has taken all necessary steps to ensure the site is suitable for purchasers to move in.
For more information, contact the City on 02 9265 9333.Erskineville
Posted 20 August 2019. Last updated 6 January 2020.
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