SCAP Agenda Item 2.2.1

7 September 2017

Peregrine Corporation

Construction of new integrated service station complex with car parking and advertising signs.

Playford Avenue, Whyalla

850/E001/17

TABLE OF CONTENTS

PAGE NO AGENDA REPORT 2-16 ATTACHMENTS 1: PLANS 17-20 2: PHOTOS 21-22 3: APPLICATION DOCUMENTS a. Application Form, Electricity Declaration Form & 23-26 Certificate of Title b. Planning Report by Peregrine Corporation 27-34 c. Air Quality report by HSE Australia 35-47 d. Environment Noise Assessment report by Sonus 48-58 e. Traffic impact Statement by GHD 59-68 4: AGENCY COMMENTS 69-75 5: COUNCIL COMMENTS 76 6: REPRESENTATION 77 7: RESPONSE TO REPRESENTATION 78-79 8: DEVELOPMENT PLAN PROVISIONS 80-83

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OVERVIEW

Application No 850/E001/17 Unique ID/KNET ID #11829973; 2017/04855/01 Applicant Peregrine Corporation Proposal Construction of a new integrated service station complex with car parking and advertising signs. Subject Land Playford Avenue, Whyalla. Zone/Policy Area Local Centre Relevant Authority State Commission Assessment Panel – Schedule 10 – Item 20. Lodgement Date 9 February 2017 Council City of Whyalla Development Plan 8 September 2016 Type of Development Merit Public Notification Category 2 Representations One (1) – to be heard. Referral Agencies Environment Protection Authority & Commissioner of Highways Report Author Malcolm Govett, Planning Officer RECOMMENDATION Development Plan Consent subject to conditions

EXECUTIVE SUMMARY

Peregrine Corporation has applied for Development Plan consent to construct a new integrated service station complex with car parking and advertising signs within a Local Centre Zone at Playford Avenue, Whyalla.

The new integrated service station complex will operate 24 hours a day for seven days a week and will include a drive through food offer facility. The proposal is classified as a form of merit development.

The key planning issue is the potential for land use interface conflict with adjacent residential uses due to lighting and traffic noise associated with the 24/7 operations of the proposed service station complex.

Category 2 public notification was undertaken and one representation was received. When consulted on the proposal, the Whyalla Council did not raise any significant concerns and indicated its support for the proposal.

On balance, it is considered the application has sufficient merit to warrant support. It is recommended the Commission grant Development Plan consent subject to the application of appropriate conditions.

ASSESSMENT REPORT

1. BACKGROUND

1.1 Pre-Lodgement Process

At the date of lodgement of the application the State Commission Assessment Panel is the relevant planning authority for this application pursuant to Schedule 10 Item 20 (1) of the Development Regulations 2008, because:  the total amount to be applied to any work exceeds $3 million, and  the State Coordinator-General determined the assessment of the development would be best achieved under a scheme established by the Department of the Minister to facilitate the assessment of such developments.

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2. DESCRIPTION OF PROPOSAL

Application details are contained in the ATTACHMENTS.

The proposed development involves the construction of a new integrated service station complex comprising a control building with shop, fuel storage, refuelling facilities with a canopy, a drive through facility, car parks, and advertising signs. All of the existing vegetation on the site is to be removed.

DESCRIPTION OF DEVELOPMENT Feature Description Control Building  Gross leasable area of about 433 square metres. The floor area covered by the forecourt, order and pick-up canopies has been included in this calculation.  Consists of areas designated for retail display, sales, cool rooms, office, preparation, bathroom facilities.  Co-branded food offer will be Subway sandwiches.

Fuel Canopy &  Primary canopy will accommodate 6 fuel filling positions. Refuelling Fuel Tanks  140,000KL.

Road Access  Two access points to the site, one from Playford Avenue and the other from Elliott Street.

Signage  Three x 7m high free standing pylon signs.

Car Parking  8 on-site car parks  The proposal will satisfy the minimum car parking rate of 1.8 spaces per 100m2 of gross leasable area for sites >400m2 with quick service restaurant, i.e. 7.2 spaces.

Hours of Operation  24 hours per day, 7 days a week.

Traffic  Projected peak hour traffic generation is 289 trips which would be within the operational capabilities of the streets servicing the site.  All service vehicles will enter the site via Elliott Street and exit via Playford Avenue.  Customer vehicles are projected to enter the site predominantly via Playford Avenue.

Traffic – Tanker  The site has been designed to accommodate the safe Path movement of 19m fuel tankers.

Noise  Construct 2.1m high solid barrier along the south east boundary of the drive through facility.  Construct a 1.8m high solid barrier along the south west boundary of the drive through facility.  Restrict hours for refuse collection to between 9.00am and 7.00pm on a Sunday or public holiday, and 7.00am and 7.00pm on any other day.  Restrict hours for fuel delivery to between 7.00am and 10.00pm.  Incorporate 50mm thick acoustic insulation to the underside of the order station and collection bay roof 3 SCAP Agenda Item 2.2.1

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structure.  Locate all mechanical plant in the northern section of the control building roof.  Mechanical plant screen must be constructed to a height at least 500mm greater than the tallest piece of equipment it surrounds.

Stormwater  High risk stormwater under the primary and diesel canopy will be bunded and sent to a blind tank with an alarm. The blind tank will have a capacity in excess of 10,000L.  Water outside this area and other impervious areas will be captured and sent to Council infrastructure.

3. SITE AND LOCALITY

3.1 Site Description

The subject land holding comprises two allotments, formally identified as:

Lot No Section Street Suburb Hundred Title A1121 & Playford Whyalla Randell CT5921/621 A1122 Town of Avenue Whyalla

The subject land has a total land area of about 2,024 square metres. It is flat and is currently used as a sealed car park and does not contain any buildings or other significant structures. Vehicle access to the site is currently available only from Playford Avenue. The two formed driveways along the Elliott Street boundary are blocked by metal bollards.

There is a total of 11 small native trees of poor condition located on the site; four of them are situated along the Elliott Street boundary of the site and the other seven are situated along the south eastern or laneway boundary of the site.

3.2 Locality

The subject land is part of a relatively large Local Centre Zone comprising over 30 separate properties. The subject land is situated on the south eastern boundary of the Zone which is separated from the larger Residential Zone by a 6 metre wide sealed laneway. The adjacent Residential Zone is characterised by low density detached dwellings of varying condition.

The Local Centre Zone is centred on the intersection of Playford Avenue and Elliott Street. Playford Avenue is part of the Lincoln Highway which connects Port Augusta and Port Lincoln. Both roads have dual traffic lanes in each direction and on street car parking is available throughout the Local Centre Zone.

The other commercial land uses within the Local Centre Zone include:  A 24/7 service station  Telstra depot  New and used car dealership, automotive parts  Medical centres, consulting rooms, shops, offices, newsagency  Hotel

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FIGURE 1: SUBJECT LAND VIEWED FROM PLAYFORD AVENUE.

FIGURE 2: SUBJECT LAND VIEWED FROM ELLIOTT STREET.

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FIGURE 3: SUBJECT LAND AND LOCALITY.

4. COUNCIL COMMENTS

Referral response is contained in the ATTACHMENTS.

4.1 City of Whyalla

The City of Whyalla advises it is satisfied the Applicant has given appropriate consideration to the following matters and that satisfactory measures are proposed to reduce any impacts to nearby residents:  service vehicle access to/from the site  traffic generation  off-street car parking  noise levels  separation distances to dwellings

Council requests that the following conditions or similar be attached to any Development Plan consent:

1. “That all reasonable measures are taken to ensure there is no unreasonable light spill from the development to the neighbouring residential premises. 2. That all works required to carried out on Council land, including the road reserve, be done so via a Council works permit and that those works be undertaken entirely at the expense of the applicant.”

These conditions or similar have been included in the recommendation.

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5. STATUTORY REFERRAL BODY COMMENTS

Referral responses are contained in the ATTACHMENTS.

5.1 Environment Protection Authority

The Environment Protection Authority (EPA) is a mandatory referral pursuant to Schedule 8 Item 10 (b) of the Development Regulations 2008. The State Commission Assessment Panel must have regard to this advice.

The EPA is satisfied the proposed petroleum storage activity would not cause unacceptable environmental impacts due to:  the proposed Stage 1 and 2  all underground storage tanks would be double-walled with automatic tank gauging to detect leaks  all fuel lines between the underground storage tanks and dispensers would be double contained with leak detection systems  all runoff (including spillages) would drain to the full retention Class 1 SPEL Puraceptor

The recommended conditions have been included in the final recommendation.

5.2 Commissioner of Highways

The Commissioner of Highways is a mandatory referral pursuant to Schedule 8 Item 3 of the Development Regulations 2008. The State Commission Assessment Panel must have regard to this advice.

The Commissioner of Highways does not object in-principle to the proposed development subject to the application of a number of conditions.

Some of the recommended conditions have been included in the final recommendation.

6. PUBLIC NOTIFICATION

A copy of the representation and the applicant’s response is contained in the ATTACHMENTS

The application was assigned Category 2 for the purposes of notification because it is for the construction of a building where the site of the proposed development is adjacent land to land in a zone which is different to the zone that applies to the site of the development pursuant to Clause 18(c) in Part 2 under Schedule 9 of the Development Regulations 2008.

One representation was received during the period of notification from 6 March 2017 to 21 March 2017.

Representor Issue Applicant’s Response ID R1 Proposal would adversely The Environmental Noise Assessment affect the amenity of the concludes the operation of the site locality through the emission will comply with the EPA’s Noise of noise and odours and the Policy and will not detrimentally generation of high numbers of affect the amenity of the locality or 7 SCAP Agenda Item 2.2.1

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Representor Issue Applicant’s Response ID vehicle movements. provide unreasonable interference through the emission of noise.

Subway operations do not involve preparations which typically generate food odour (e.g. deep frying, grilling). Food odour will not be generated at the site so as to cause adverse impacts on the amenity of nearby owners/occupiers of land.

Peregrine uses vapour recovery systems to reduce petrol emissions from underground storage systems in accordance with recommended practice by the EPA. Monitoring the levels of vapour at their service stations indicates the levels of fuel vapour are well below the levels set by the EPA.

Proposal would adversely No cogent evidence to support this affect the value of her statement. Devaluation of property residential investment is not a relevant planning property. consideration.

FIGURE 4: REPRESENTATION MAP.

7. POLICY OVERVIEW

The subject land is located within the Local Centre Zone as described within the City of Whyalla Development Plan Consolidated 19 February 2015 and shown in Map Wh/14. 8 SCAP Agenda Item 2.2.1

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Relevant planning policies are contained in Appendix One and summarised below.

FIGURE 6: LAND USE ZONE MAP

7.1 Zone

The key objective of the Zone is to provide small scale convenience shopping, office, medical and community facilities to serve the day-to-day needs of the local community. Residential development may be undertaken within the zone provided it is in conjunction with non-residential development and is located behind or above such development, and does not prejudice the operation of existing or future retail activity.

7.2 Council Wide

The General Section of the Development Plan contains broad policies relating to the interface between land uses, noise generating activities, air quality and transportation and access.

8. PLANNING ASSESSMENT

The application has been assessed against the relevant provisions of the 8 September 2016 Development Plan, which are contained in Appendix One.

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8.1 Land Use and Character

The Playford Avenue Local Centre Zone is relatively large in area which may be influenced by Playford Avenue being part of the Lincoln Highway connecting Port Augusta and Port Lincoln which is a designated tourist route. Furthermore, the Local Centre Zone contains a number of land use activities which could be considered to offer a range of services and facilities beyond small scale convenience shopping servicing the day–to-day needs of the local community and which are currently located at or near to the intersection of Playford Avenue and Elliott Street.

In this regard, and in reference to the Playford Avenue/Elliott Street intersection (see map below), there is:  the subject land on the south west corner  a 24/7 service station on the north west corner  the Eyre Hotel with car park on the north east corner which operates from 9am to 3am every day except on Sunday, and  the recently redeveloped McLeods new and used car dealership on the south east corner

Given the adjacent land use activities within the Local Centre Zone, it is considered the subject land is under developed. Moreover, although the service station proposal would not directly align with the policy outcomes for the Local Centre Zone it is considered that it would be consistent with the existing land use activities in and around the Playford Avenue/Elliott Street intersection. This is because due to its strategic location and the size of the shop within the proposed control building, the proposal would seek to service not only the day-to-day needs of the local community but also the needs of tourists visiting and passing through Whyalla and of a wider population catchment.

It is considered the proposed development would be an appropriate land use activity within this strategically located Local Centre Zone.

8.2 Design and Appearance

It is considered the proposed development of the service station complex would represent an improvement to the visual amenity of the locality due to the mobilisation of an under developed site through the construction of a contemporary and streamlined building upon it. The proposed building would not be dissimilar in bulk and scale to many of the other buildings within the Zone. However, in comparison to the other sites at this strategic traffic intersection, the site would present as more open in appearance due to the proposed control building being setback 12 metres from the Playford Avenue frontage and 23 metres from the Elliott Street frontage.

8.3 Traffic Impact, Access and Parking

The Traffic Impact Assessment provided by the Applicant recommends that for proposals with a quick service restaurant and a gross leasable floor area greater than 400 square metres the car parking requirement should be 1.8 spaces per 100 square metres floor area (see page 5 of the Traffic Impact Assessment). Applying this assessment criteria to:  the area of the control building would require 7 car parks be provided  the area of the control building, and the forecourt, order and pick-up canopies would require 9 car parks be provided

It should also be noted the assessment criteria does not include staff parking requirements.

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The only other available guide for the assessment of car parking is provided by Table Wh/1 in the City of Whyalla Development Plan. It recommends the required number of parking spaces for a “shop” as being 5.5 spaces for each 100 square metres of floor area. As the proposed control building would have a gross leasable area of about 433 square metres then the recommended number of car parks would be in the order of 22 to 28 which would appear to be unreasonable and unwarranted given the relatively high turnover of car parks experienced at service stations generally.

Currently, there would be limited vehicle traffic impact from the car parking activity on the subject land. Without doubt the proposed development of a new service station complex would generate more traffic movements to and from the site. Nevertheless, the Traffic Impact Statement provided by the Applicant indicates the projected additional traffic generation would be within the operational capabilities of Playford Avenue and Elliott Street.

It is noted both the Whyalla Council and the Commissioner of Highways are supportive of the proposed development. Neither of them has raised any concerns over the amount of off-street car parks to be provided or traffic generation or service and customer vehicle access. It is considered the proposed development would not have any significant or adverse impacts beyond the site in respect of traffic generation, access and parking.

8.4 Environmental Factors

8.4.1 Odour Emissions

The Air Quality Study by HSE Australia on a similar service station complex in metropolitan concluded there would not appear to be a significant risk to the health of residents or the amenity of the locality in relation to the levels of benzene, toluene and xylene vapour concentrations associated with the proposed development. In addition, in its assessment of the proposal, the Environment Protection Authority has recommended a number of conditions to be applied to any Development Plan consent to address the issue of potential vapour concentrations.

It is considered the proposed development would provide sufficient safeguards to prevent or limit any risk to public health or amenity.

8.4.2 Noise Emissions

The Environmental Noise Assessment by Sonus recommends the application of a number of attenuation measures relating to the drive through facility, activities within the control building, the delivery of fuel products and the collection of rubbish. If the application were to be approved it is considered a number of these recommended attenuation measures could be applied as conditions of Development Plan consent.

8.4.3 Waste Management

It is considered the proposed location of the large hard waste rubbish bin adjacent to Pine Street would not have any significant adverse impacts on nearby landowners in respect of odours or noise. This is because:  rubbish would be collected regularly, once per week  the collection would occur at a reasonable time, i.e. not before 7.00am and not after 7.00pm  the rubbish bin(s) would be sealed/covered with a lid

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It is considered a number of these waste management measures could be applied as conditions of Development Plan consent.

8.5 Signage

The proposed development would include the erection of three 7 metre high pylon signs on the subject land. One of them would be located at the north east corner of the site adjacent to Elliott Street and setback just over 7 metres from the nearest residential property boundary and about 31 metres from the nearest dwelling.

It is considered that if the application were to be approved then appropriate condition(s) could be attached to a Development Plan consent to address the risk of light spillage having a significant and adverse impact beyond the boundaries of the site.

8.6 Interface

The individual matters of lighting and traffic generated and other random noises are relevant considerations with respect to potential land use interface conflicts which could be associated with the proposed development.

In this regard, the most sensitive land uses would be the dwellings in Ward Street which are adjacent to the laneway boundary of the subject land. Each of these dwellings would be setback about 31 metres from the laneway boundary of the site. No written representations were received from any of these landowners during the notification period.

The representors’ dwelling, which is located to the east on the opposite side of Elliott Street, would be setback about 50 metres from the boundary of the subject land.

It is considered the existing nearby dwellings would be sufficiently setback from the activities of the proposed development so as not to be significantly or adversely affected by odour, noise or light spill emanating from the advertising signs or the drive through facility. It is further considered that if the application were to be approved then an appropriate condition could be applied to the Development Plan consent in order to not cause any nuisance beyond the boundaries of the site. Along with the general noise and light emanating from the use of Elliott Street, it should also be noted that in respect of the representors’ dwelling a two sided street light pole is located directly opposite the dwelling within the median strip along Elliott Street.

It is considered the application of the recommendations in the Environmental Noise Assessment (see pages 6 & 7) provided by the Applicant, in particular the construction of solid barriers along the relevant property boundaries, would be able to achieve the requirements for noise attenuation during daytime and nigh time operations of the service station complex. If the application were to be approved such recommendations could be applied as conditions to a Development Plan consent.

It is considered the noise impacts associated with the delivery of fuel supplies and waste management would be insignificant given the setback to adjoining properties and due to the relatively low frequency of visits by the specific types of service vehicles, noting also that such visits would not occur during the more sensitive hours of early morning and late night.

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9. CONCLUSION

The application is considered to display sufficient merit to warrant support.

It is considered the proposed development would not cause a significant or adverse land use interface conflict due to the noise attenuation measures recommended to be attached to any Development Plan consent and the adequate setback distances of nearby dwellings from the subject land.

Overall, it is considered the proposed development would be an appropriate land use within the Playford Avenue Local Centre Zone noting its capacity for containing off-site impacts and because of the strategic location of the zone and the relatively intensive nature of the key land use activities already located at the Playford Avenue/Elliott Street intersection. Also, it would represent an improvement to the visual amenity of the locality due to the mobilisation of an under-utilised site and the construction of a modern, streamlined and integrated service station complex.

Pursuant to Section 35(2) of the Development Act 1993, and having undertaken an assessment of the application against the relevant Development Plan, the application is NOT seriously at variance with the provisions of that plan.

10. RECOMMENDATION

It is recommended that the State Commission Assessment Panel:

1) RESOLVE that the proposed development is NOT seriously at variance with the policies in the Development Plan.

2) RESOLVE that the State Commission Assessment Panel is satisfied that the proposal generally accords with the related Objectives and Principles of Development Control of the City of Whyalla Development Plan.

3) RESOLVE to grant Development Plan Consent to the proposal by Peregrine Corporation for the construction of a new integrated service station complex with car parking and advertising signs at Playford Avenue, Whyalla subject to the following conditions of consent.

PLANNING CONDITIONS

1. That except where minor amendments may be required by other relevant Acts, or by conditions imposed by this application, the development shall be established in strict accordance with the details and following plans submitted in Development Application No 850/E001/17.

Prepared by ADS Architects:  Proposed Development Site and Floor Plan, Reference Number 16/JN1286/sk01g, Dated 25 August 2017;  North & South Elevations, Reference Number 16/JN1286/sk02a, Dated 30 September 2016;  East & West Elevations, Reference Number 16/JN1286/sk03a, Dated 30 September 2016.

Prepared by Oxigen:  Landscape Plan, Reference Number 15.047.014, Draft B, Dated 29 August 2017.

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Reports and Correspondence:  Planning Report prepared by Peregrine Corporation, dated 7 February 2017;  Traffic Compliance Statement prepared by GHD, Project File 33-18137-18, Dated December 2016;  Environmental Noise Assessment prepared by Sonus, Project Number S5070.4C1, Dated December 2016.

2. All Council, utility or state agency maintained infrastructure (i.e. roads, kerbs, drains, crossovers, footpaths, etc.) that is demolished, altered, removed or damaged during the construction of the development shall be reinstated to Council, utility or state-agency specifications. All costs associated with these works shall be met by the proponent.

3. Prior to the commencement of the service station operations, the obsolete access point on Playford Avenue shall be closed and reinstated to Council standard kerb and gutter at the applicant’s expense.

4. The pylon sign adjacent to the southern side of the Playford Avenue access shall be located consistent with Figure 3.3 in AS/NZS 2890.1:2004.

5. All vehicle car parks, driveways and vehicle entry and manoeuvring areas shall be designed and constructed in accordance with the relevant Australian Standards and be constructed, drained and paved with bitumen, concrete or paving bricks in accordance with sound engineering practice and appropriately line marked to the reasonable satisfaction of the State Commission Assessment Panel prior to the occupation or use of the development.

6. All car parking areas, driveways and vehicle manoeuvring areas shall be maintained at all times to the reasonable satisfaction of the State Commission Assessment Panel.

7. A 2.1 metre high solid barrier shall be constructed along the property boundary of the site from the beginning of the drive through food facility to the southern corner of the subject land as shown in Appendix A: Extent of Acoustic Treatment contained in the Environmental Noise Assessment report (S5070.4C1) prepared by Sonus and dated December 2016. The solid barrier shall be constructed of Colorbond sheet metal and be sealed airtight at all junctions including with the ground.

8. A 1.8 metre high barrier shall be constructed along the property boundary of the site from the southern corner of the subject land to the end of the pick-up order facility for the extent shown in Appendix B: Extent of Acoustic Treatment contained in the Environmental Noise Assessment report (S5070.4C1) prepared by Sonus and dated December 2016. The solid barrier shall be constructed of Colorbond sheet metal and be sealed airtight at all junctions including with the ground.

9. The underside of the order station and collection bay roof structures shall fitted with 50mm thick acoustic insulation (having a minimum density of 32 kg/cubic metre).

10. The mechanical plant screen shall be constructed to a height of at least 500mm greater than the tallest piece of equipment it surrounds. The screen shall be sealed airtight along all vertical joins and constructed from sheet metal or a material with an equivalent or greater surface density. The bottom of the screen shall continue as close as practicable to the roof deck below.

11. The collection of rubbish from the site by the rubbish truck shall occur only between the hours of 9.00am to 7.00pm on a Sunday or public holiday and between 7.00am to 7.00pm on any other day.

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12. The delivery of fuel products to the site by the 19 metre long fuel trucks shall occur only between the hours of 7.00am to 10.00pm on any day.

13. The largest vehicle permitted to access the development shall be a 19.0 metres semi-trailer.

14. Landscaping shown on the plans forming part of the application shall be established prior to the operation of the development and shall be maintained and nurtured at all times with any diseased or dying plants being replaced.

15. The development and the site shall be maintained in a serviceable condition and operated in an orderly and tidy manner at all times.

16. All waste and rubbish shall be stored in covered containers prior to removal and shall be kept screened from public view.

17. All external lighting of the site, including car parking areas, advertising signs, the drive through facility, and buildings shall be designed and constructed to conform with Australian Standards and must be located, directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond the site.

18. All stormwater design and construction shall be in accordance with Australian Standards and recognised engineering best practices to ensure that stormwater does not adversely affect any adjoining property or public road.

19. Prior to the commencement of the service station operations, all fuel storage tanks (apart from diesel) shall be fitted with a Stage 1 vapour recovery system (which includes underground storage tank vent pipes being fitted with a pressure vacuum relief valve)that directs the displaced vapours back into the tank during filling.

20. Prior to the commencement of the service station operations, all fuel dispensers (apart from diesel) shall be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling.

21. All underground fuel storage tanks shall be double-skinned fibreglass and fitted with an automatic tank gauging (ATG) system to monitor tank levels and detect leaks.

22. Prior to the commencement of the service station operations, all fuel lines between the underground storage tanks and fuel dispensers shall be fitted with a pressure leak detection system.

23. Any sludge or oily residue collected within the SPEL Class 1 Full Retention Puraceptor (or equivalent) shall be removed only by an Environment Protection Authority licensed waste transporter to a licensed waste depot authorised to receive such waste.

ADVISORY NOTES a. This Development Plan Consent will expire after 12 months from the date of this Notification, unless final Development Approval from Council has been received within that period or this Consent has been extended by the State Commission Assessment Panel. b. The applicant is also advised that any act or work authorised or required by this Notification must be substantially commenced within 1 year of the final Development Approval issued by Council and substantially completed within 3 years of the date of

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final Development Approval issued by Council, unless that Development Approval is extended by the Council. c. The applicant has a right of appeal against the conditions which have been imposed on this Development Plan Consent. Such an appeal must be lodged at the Environment, Resources and Development Court within two months from the day of receiving this notice or such longer time as the Court may allow. The applicant is asked to contact the Court if wishing to appeal. The Court is located in the Sir Samuel Way Building, Victoria Square, Adelaide, (telephone number 8204 0289). d. The applicant is advised that a Council works permit is required to be obtained from the Whyalla Council prior to all works required to be carried out on Council land, including the road reserve and all of the costs associated with the works shall be met by the applicant. e. The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act 1993, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. Environment Protection Authority information sheets, guidelines documents, codes of practice, technical bulletins etc can be accessed on the following web site: http://www.epa.sa.gov.au f. The applicant is reminded the emission of noise from the premises is subject to control under the Environment Protection Act and Regulations, 1993 and the applicant (or person with the benefit of this consent) should comply with those requirements.

Malcolm Govett PLANNING OFFICER PLANNING AND DEVELOPMENT DIVISION DEPARTMENT OF PLANNING, TRANSPORT and INFRASTRUCTURE

16 ice chest 4200

5295 waiting bay relocate existing bus shelter

new access point

S1 S1

close existing access point

fuel fills painted line marking

new access point

fuel vents

air and water point

modify existing access point

relocate existing sign

0 1 2 5 10m

Scale 1:100 at A1

2 5 . 0 8 . 1 7 1 6 / J N 1 2 8 6 / s k 0 1 g 5400

7m pylon 7650 5100

0 1 2 5 10m

Scale 1:100 at A1

3 0 . 0 9 . 1 6 1 6 / J N 1 2 8 6 / s k 0 2 a A D S A r c h i t e c t s white painted CFC mechanical plant screen

blade wall beyond

pick up window beyond

green painted fibre cement sheet wall panels

back illuminated menu panels order station control building

E A S T E L E V A T I O N 1 : 1 0 0 A T A 1

0 1 2 5 10m

Scale 1:100 at A1

3 0 . 0 9 . 1 6 1 6 / J N 1 2 8 6 / s k 0 3 a A D S A r c h i t e c t s URBAN DESIGN LANDSCAPE ARCHITECTURE PLANNING T +618 7324 9600 [email protected]

FIGURE 1: LANEWAY AT REAR OF SUBJECT LAND.

FIGURE 2: EYRE HOTEL AT NORTH EAST CORNER OF THE PLAYFORD AVENUE/ELLIOTT STREET INTERSECTION.

FIGURE 3: 27 WARD STREET VIEWED FROM ELLIOTT STREET.

FIGURE 4: 24/7 SERVICE STATION AT NORTH WEST CORNER OF THE PLAYFORD AVENUE/ELLIOT STREET INTERSECTION.

Health Safety Environment Australia Pty Ltd 193 Henley Beach Rd Mile End, , 5031 Telephone + 61 8 8152 0555 Facsimile + 61 8 8152 0500 www.hseaustralia.com.au Our Ref: EJ.203479.SAa

16 October 2014 ______

Air Quality Study of Michael Tkaczuk of Health Safety Environment Australia, 193 Henley Beach Road Mile End Occupation Occupational Hygienist ______

1. Instructions I have carried out testing for Peregrine Corporation to try and ascertain whether a proposed ON THE RUN service station will “detrimentally affect the health of residents or the amenity of the locality through the emission of fuel vapour.”

The results of this report can be used by Peregrine in relation to its other development applications for new service stations which have a similar site profile as the sites assessed. I have had regard to a number of documents in compiling this report including the following:

 Air Quality Study (90-92 Payneham Road, Stepney) by Adelaide Environmental Consulting, November 2001  Parts of the Development Plan Port Adelaide Enfield Council Consolidated 16 February 2012  Peregrine Corporation, Integrated Service Station Complex DA 040/1924/12 Peterhead Statement of Effect 14 November 2012.  SA EPA Air Quality Monthly Summary Reports from February 2013 to February 2014  National Environmental Protection (Air Toxics) Measure, 2011.  Australian/New Zealand Standard 3580.1.1:2007 Methods for sampling and analysis of ambient air Part 1.1: Guide to siting air monitoring equipment.  Traffic flow estimates for Port Road Woodville West and Victoria Road Peterhead were provided by Peregrine.

2. Introduction I hold an Honours Bachelor of Science degree in Chemistry conferred in 1978, a Doctor of Philosophy in Chemistry conferred in 1982 and Graduate Diploma in Occupational Health conferred in 1997, all from the University of Adelaide.

I have been continuously employed since 1991 when I started working in the area of Occupational and Environmental Hygiene research and consulting. I have carried out exposure measurements of air contaminants in occupational and environmental settings, mostly working in occupational hygiene consulting

EJ.203479.SAa Page 1

3. Background Information

Peregrine have previously undertaken an Air Quality Study through Adelaide Environmental Consulting in 2001 (report in Annexure C). This study showed that based on testing done at the existing Peregrine service station complex at BP West Terrace, the establishment of a service station at Stepney is acceptable from an air quality perspective. It made the following findings:

 Any increase in concentrations of air pollution within the service station will not be above Australian occupational air quality limits (at the time 2001);  Diffusion and dispersion into the surrounding atmosphere will result in much lower VOC (Volatile Organic Compound) concentrations towards the site boundaries and on adjoining properties; and  Air quality in adjoining properties (including VOC concentrations) is likely to be at background levels, which will be essentially influenced by motor vehicle emissions.

Given the time since the above assessment, Peregrine engaged Health Safety Environment Australia (HSE Aust) to undertake further air quality analysis for a proposed service station at the corner of Victoria Road and Hargrave Street, Peterhead.

When reviewing development applications for service stations, The EPA require the following as a condition of Development Plan Consent:

“All storage tanks (other than diesel tanks) must be fitted with Stage 1 vapour recovery system that directs the displaced vapours back into the tanker during filling”.

This was also a condition attached to the service station the subject of the 2001 assessment.

4. Benzene, Toluene and Xylene

4.1. Introduction At the request of Peregrine, HSE Australia was asked to comment on the possible impact of fuel vapour arising from the Peterhead development.

I searched databases to locate any studies regarding ambient benzene concentration near service or petrol stations in Australia for the period 2006 to 2014 and was unable to locate any relevant information. As of the 1st January 2006 the Fuel Standard (Petrol) Amendment Determination 2008 (No. 1) made under section 21 of the Fuel Quality Standards Act 2000 required the benzene content of petrol to be a maximum of 1% in Australia.

With respect to the emission of fumes and other pollutants the National Environment Protection (Air Toxics) Measure provides Monitoring Investigation Levels for benzene, toluene and xylene (total of all isomers). These are all components of petrol vapour and liquid.

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The National Environmental Protection (Air Toxics) Measure, 2011 provide Monitoring Investigation levels benzene, toluene and xylene in Schedule 3 and these are shown below in Table 1.

Table 1 Monitoring investigation levels for (Air Toxics) Column 1 Column 2 Column 3 Monitoring Pollutant Averaging period Monitoring investigation level investigation level (ppb) ( ppm) Benzene Annual Average* 0.003 3 Toluene 24 hour# 1 1000 Annual Average* 0.1 100 Xylenes (as total 24 hour# 0.25 250 of ortho, meta and Annual Average* 0.2 200 para isomers) #For the purpose of this Measure monitoring over a 24 hour period is to be conducted from midnight to midnight.] *For the purposes of this Measure the annual average concentrations in Column 3 are the arithmetic mean concentrations of 24 hour monitoring results

Definition: 1 part per million (1 ppm) is equal to 1000 parts per billion (1000 ppb).

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Under Schedule 3 of the National Environmental Protection (Air Toxics) Measure 2011, the sampling regime for benzene, toluene and xylenes is as follows:  one sample should be collected every 6 days over an entire year; or  30 samples per season (one day in three is the recommended frequency) for two seasons per year to obtain the maximum variability in ambient levels of air toxics as appropriate.

The National Environmental Protection (Air Toxics) Measure, 2011 in section 5 of Schedule 3 states that;

5. Monitoring Investigation levels The monitoring investigation levels specified in Table 2 are for use in assessing any air monitoring data collected for the purposes of this Measure. The monitoring investigation levels are established for use in assessing the significance of the monitored levels of air toxics with respect to protection of human health. If the monitoring investigation levels are exceeded then some form of further investigation by the relevant jurisdiction of the cause of the exceedance is appropriate. Note: The monitoring investigation level values are levels of air pollution below which lifetime exposure, or exposure for a given averaging time, does not constitute a significant health risk. If these limits are exceeded in the short-term it does not mean that adverse health effects automatically occur.

At the request of Peregrine, HSE Australia carried out ambient air monitoring at the Peterhead site, and at the Peregrine service station at 938 Port Road Woodville West. This Woodville West site was selected as it had:  a similar flat topography;  similar sources of benzene, toluene and xylene vapours coming from the main road traffic; and from vehicle refuelling at the site; and  the same Stage 1 vapour recovery system fitted that directs the displaced vapours back into the tanker during filling. All these aspects are similar to those for the proposed development site at Peterhead. The difference between the sites was that there are 8 petrol filling positions at the Woodville West site compared to 12 petrol filling positions at the Peterhead site. In my opinion the ambient concentration of benzene would be expected to be associated with the amount of petrol sold at a site rather than the number of fuel dispensers as well as all the environmental factors affecting how the benzene vapours would be dispersed.

The Woodville West site is located on a major arterial road, Port Road, and has average traffic flows past the site(two ways) of 42,000 to 43,000 vehicles per day with 1200 transactions occurring at the site in April 2014, which is considered a busy site.

As the ambient air monitoring is carried out over 24 hours, and a yearly average should be compared to the Monitoring Investigation Levels for benzene, toluene and xylene, then it would be difficult to apportion the sources of the benzene, toluene and xylene vapours as it is

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possible that these vapours may come from a combination of traffic on Victoria Road, the nearby fuel storage tanks, and the activity from the proposed Peterhead service station.

There are many variables that will affect the day to day ambient concentration of benzene, toluene and xylene vapours. These include:  how many customers purchase fuel;  what the type of fuel purchased;  the dispersion of any benzene, toluene and xylene vapours;  the number of customers per day;  the age of the vehicle; and  the speed and direction of the wind at the proposed location. All these variables will influence the concentration of benzene, toluene and xylene vapours released and would vary from day to day. Currently in South Australia the benzene concentration in petrol is less than 1%.

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4.2. Measured Ambient Air Monitoring Concentrations and Discussion of Results

On the 15th April and 16th April 2014 ambient air sampling was carried out at the Peterhead site, and at the Woodville West site. This monitoring was carried out over 24 hour periods covering the 2 days. The results of this ambient air monitoring are shown in Table 2 below.

Table 2: Average 24 hour Ambient Air Concentrations1 of benzene, toluene and xylene in ppb at three locations Location Sample Date Start – Concentration Concentration Concentration ID Stop of Benzene Toluene of total times Xylenes ppm ppb ppm ppb ppm ppb 1 395 14/4/2014 23:40 < < 0.5 0.0012 1.2 < < 1.5 15/4/2014 23:38 0.0005 0.0015 1 2840 15/4/2014 23:45 < < 0.5 0.0042 4.2 < <1.5 16/4/2014 23:43 0.0005 0.0015 2 504 14/4/2014 23:50 < <0.5 0.0017 1.7 < <1.5 15/4/2014 23:45 0.0005 0.0015 2 3621 15/4/2014 23:50 0.0015 1.5 0.0089 8.9 0.0041 4.1 16/4/2014 23:51 3 398 15/4/2014 00:10 < <0.5 0.0005 0.5 < <1.5 16/4/2014 00:05 0.0005 0.0015 3 3619 16/4/2014 00:06 < <0.5 0.001 1.0 < <1.5 17/4/2014 00:08 0.0005 0.0015 Monitoring Investigation Levels 0.003* 3* 1# 1000# 0.25# 250# 0.1* 100* 0.2* 200* 1Ambient air samples analysed by Envirolab Services Pty Ltd a NATA accredited Laboratory *Annual Average #24 hour Average ppm means parts per million ppb - means parts per billion, ppm -means parts per million

Definition: 1 part per million is equal to 1000 parts per billion . <0.5 ppb means less than 0.5 parts per billion. In other words, the concentration was below the practical quantification limit for the benzene and could range from 0 ppb to below 0.5 ppb.

The siting of the air monitoring equipment at the Woodville West site would not meet the site considerations in the selection of monitoring sites criteria of AS/NZS 3580.1.1:2007 due to the height and orientation of buildings and canopies at the site. However, the sites were selected to obtain some service station source emission concentrations for benzene, toluene and xylene from the service station.

The description of the locations is given below and Locations 1 and 2 are shown on Photo 1 below, the aerial view of the Woodville West site. Note that the locations are of a proximity to the fuel infrastructure much closer than any residence is at Woodville West, Peterhead or likely to be at any prospective service station site.

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Location 1 and 2 –Woodville West site Location 1 – next to the manual car wash bay ~ 21 m from the nearest petrol bowser, ~ 60 m from the Port Road kerb, at a height of 2.7 m. Location 2 –at the entrance to the service station 15 m from the Port Road kerb and 18 m from the nearest fuel bowser, at a height of 1.5 m. Location 3 –Peterhead site Location 3 – was on the temporary fence on the South West boundary of the proposed development site 48 metres from the Victoria Road kerb and 29 metres from the Hargraves Street kerb, at a height of 2 m.

Photo 1 Aerial view showing the Locations 1 and 2 where 24 hour samples for benzene, toluene and xylene vapours were collected on the 15th and 16th April 2014 at Woodville West.

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Figure 1: Wind Rose* for the period 17th April 2013 to 17th April 2014 at the Peterhead site

N 20% 18% 16% NW 14% NE 12% 10% 8% 6% 4% 2% W 0% E

SW SE

S

*Provided by Adelaide Brighton Cement

Figure 1 above shows the Wind Rose for one year (17th April 2013 to 17th April 2014) for the proposed development site. It shows that 57% of the wind direction at the proposed development site is from the south, south west, west, north west and north directions. With wind coming from these directions, no benzene, toluene and xylene vapours from the proposed site are likely to travel to the residential locality which is located northwest, west and southwest of the Peterhead site.

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Figure 2: Wind Rose* for the period 15th April 2014 0:00 to 17th April 2014 0:00 at the Peterhead site

N 18% 16% NW 14% NE 12% 10% 8% 6% 4% 2% W 0% E

SW SE

S

Figure 2 above shows the wind rose for the two day monitoring period at the Peterhead site (Location 3). The wind rose in Figure 2 shows very similar data to that in Figure 1, the year wind rose. From this it may be concluded that the wind directions experienced by the residents during the monitoring days are likely to be experienced by the residents during the year.

The 24 hour average concentrations measured for benzene, toluene and xylene under the wind conditions shown in Figure 2 at the proposed development site were all low as seen in Table 2.

No wind direction or speed was collected for Location 1 and 2 at the Woodville West site on the 15th and 16th April 2014. Assuming the Adelaide Bureau of Meteorology wind directions for Adelaide give an indication of wind direction on these dates at the Woodville West site, then the wind direction recorded at 09:00 was East and at 15:00 East South East on the 15 April 2014, and on the 16th April the wind direction recorded at 09:00 was North and at 15:00 was West North West.

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Shown below are the results contained in Table 2 above.

On the 15th April the 24 hour the average concentrations at Locations 1 and 2 respectively were:  benzene <0.5 ppb and <0.5 ppb;  toluene 1.2 ppb and 1.7 ppb; and  xylene <1.5 ppb and <1.5 ppb.

On the 16th April the 24 hour the average concentrations at Locations 1 and 2 respectively were:  benzene <0.5 ppb and 1.5 ppb;  toluene 4.2 ppb and 8.9 ppb; and  xylene <1.5 ppb and 4.1 ppb.

The above data which is two days monitoring of the benzene, toluene or xylene vapour emissions at the Woodville West site is an indicator of possible emissions from Peterhead and other service station sites with similar topography, location on a main road and service station related heights of canopies and buildings. These ambient benzene concentrations were measured at distances closer to the petrol fuel dispensers than the residential properties would be at any service station site. In this case, and given that less than 44% of the wind direction could be from the Peterhead site affecting the residential locality, then in my opinion which is based on the collected data that I have in regard to preparing this statement, the benzene vapour concentration in the locality is unlikely to be above the Monitoring Investigation Level for benzene of 3 ppb.

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5. Conclusions

The limited benzene, toluene and xylene vapour concentrations measured do not allow any precise statement to be made regarding the annual average concentration of these vapours in the locality around the proposed development, nor is it possible to give an opinion regarding the exact sources of the benzene, toluene and xylene vapours.

In my opinion, if it is assumed that the annual benzene, toluene and xylene vapour concentrations are similar to the 24 hour average concentrations which were measured at the proposed development site on the 15th and 16th April 2014, then there would appear to be no reasons to be concerned currently for the health of the residents or the amenity of the locality.

As the locational and operational circumstances at the Woodville West site are similar to those at the proposed development site, then apart from the nearby offsite bulk fuel storage tanks at Peterhead, it may be assumed from the limited available data that the benzene, toluene and xylene vapour concentrations likely to be released at the Peterhead site would not raise concerns about these vapour concentration emissions.

In my opinion if the subject site is developed as proposed, and assuming similar benzene, toluene and xylene vapour concentrations are present as those measured at the Woodville West site, then there would not appear to be a significant risk to the health of the residents or the amenity of the site locality in relation to these chemical emissions and the levels experienced by the residents would likely be at background levels.

I, Michael Tkaczuk, declare that I have made all necessary enquires which I believe are desirable and appropriate, and that no matter of significance which I regard as relevant have, to my knowledge, been withheld.

This report can be used by Peregrine in relation to its other development applications for a service station which have a similar site profile as the site proposed at Peterhead which was the subject site for this report

Michael Tkaczuk BSc(Hons), PhD , Grad Dip Occup Health MAIOH, COH, MRACI

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Annexure A Technical information

Monitoring Method Ambient air samples were collected in suma canisters fitted with a flow restrictors and pre set to flow rates of 3 millilitres per minute so that the suma canisters could collect air samples over a 24 hour period. The samples were set up on the night of the 15th April by Mr Jwalit Parikh, Occupational Hygienist and Mr Phil Badcock SA Manager of Health Safety Environment Australia, and on the 16th April 2014 by Mr Phil Badcock. The pressure in all suma canisters were noted to be about -29“ Hg although this information was not available at the time of shipping off the suma canisters (no initial pressures on the suma canisters were recoded on the Chain of Custody sheets) to Envirolab Services Pty Ltd at 12 Ashley Street Chatswood NSW 2067 a NATA accredited Laboratory. Envirolab Services Pty Ltd analysed the suma canisters using the USEPA TO 15 – Analysis of VOCs in air following USEPA TO 15 protocols.

The certificates of analysis for the collected air samples, 108561 – [R00] and 108390 – R[R00], are separate documents which accompany this report.

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Annexure B – National Pollutant Inventory (NPI) Data for Birkenhead Terminal Largs Bay, Shell Bitumen Plant – Peterhead SA and Adelaide Brighton Cement Ltd - Birkenhead Plant Birkenhead

Annexure C - Air Quality Study (90-92 Payneham Road, Stepney) by Adelaide Environmental Consulting, November 2001

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On The Run Whyalla Elliot Street, Whyalla Environmental Noise Assessment December 2016 S5070.4C1

. sonusChris Turnbull Principal Phone: +61 (0) 417 845 720 Email: [email protected] www.sonus.com.au

Prepared by Reviewed by Chris Turnbull (MAAS) Jason Turner (MAAS)

Page 1 On The Run Whyalla, Elliot Street Environmental Noise Assessment S5070.4C1 December 2016 . sonus

INTRODUCTION

An environmental noise assessment has been made of the proposed On The Run (OTR) development located at the corner of Elliot Street and Lincoln Highway, Whyalla.

The proposed 24hr facility comprises a petrol filling forecourt, a control building incorporating a drive- through, and associated car parking facilities.

The assessment considers the noise impacts at the closest dwellings to the proposed development, as shown in Appendix A, from the following activity at the site:

 mechanical plant serving the control building, including the operation of the ice chest;

 vehicle movements and car park activity;

 activity at the fuel filling bays;

 use of the drive through;

 rubbish collection; and

 fuel deliveries.

Thee assessment has been based upon:  ADS Architects drawing “16/JN1286/sk01b”, “16/JN1286/sk02a”, and “14/JN1286/sk03a” all dated September 2016; and  previous noise measurements of car park activity, vehicle movements, drive through use and mechanical plant at other similar facilities.

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ASSESSMENT CRITERIA

Development Plan The subject site is located in a Local Centre Zone, whilst the surrounding residences are located in a Residential Zone of the Whyalla Council Development Plan1. The Development Plan has been reviewed and particular regard given to the following relevant provisions:

Council Wide Provisions

Interface Between Land Uses

OBJECTIVES

1. Development located and designed to prevent adverse impact and conflict between land uses.

2. Protect community health and amenity and support the operation of all desired land uses.

PRINCIPLES OF DEVELOPMENT CONTROL

1. Development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following: … (b) noise …

6. Development should be designed, sited and constructed to minimise the negative impacts of noise and to avoid unreasonable interference.

7. Development should be consistent with the relevant provisions of the following documents: … (c) the current Environment Protection (Noise) policy

Environment Protection (Noise) Policy 2007 Council Wide Interface Between Land Uses Principle of Development Control 7 specifically references the Environment Protection (Noise) Policy. The current version is the Environment Protection (Noise) Policy 2007 (the Policy), which provides objective criteria for environmental noise from a development to residences. The policy provides goal noise levels for general activity as well as specific requirements for rubbish collection.

1 Consolidated 19 February 2015 Page 3 On The Run Whyalla, Elliot Street Environmental Noise Assessment S5070.4C1 December 2016 . sonus

The Policy is based on the World Health Organisation Guidelines to prevent annoyance, sleep disturbance and unreasonable interference on the amenity of an area. Therefore, compliance with the Policy is assumed to satisfy all provisions of the Development Plan related to environmental noise.

Noise from General Activity

The Policy provides goal noise levels (LAeq) to be achieved at noise sensitive receivers (the dwellings), based on the principally promoted land use where the noise source (the development) and the noise receivers are located. The following goal noise levels apply for a development in a mixed use zone, and residences in a residential zone:

 an average (LAeq) noise level of 50 dB(A) during the daytime (7am to 10pm);

 an average (LAeq) noise level of 43 dB(A) during the night time (10pm to 7am); and

 a maximum instantaneous noise level (LAmax) of 60 dB(A) at night time.

When measuring or predicting noise levels for comparison with the Policy, penalties may be applied to the average goal noise level for each characteristic of tone, impulse, low frequency and modulation of the noise source. In order to apply a penalty, the characteristic must be dominant when considered within the context of the existing acoustic environment at the receivers. Due to the influence of traffic on the public road network during the day, a penalty for modulation may not be applicable; however, to ensure a conservative approach, a 5 dB(A) penalty for modulation has been applied to both the daytime and night-time criteria, resulting in the following goal noise levels:

 an average (LAeq) noise level of 45 dB(A) during the daytime (7am to 10pm) ; and

 an average (LAeq) noise level of 37 dB(A) during the night time (10pm to 7am).

Noise from Rubbish Collection The Policy deals with rubbish collection by effectively limiting the hours to the least sensitive period of the day. Division 3 of the Policy requires rubbish collection to only occur between the hours of 9am and 7pm on Sundays or public holidays, and between 7am and 7pm on any other day, except where it can be shown that the maximum (Lmax) noise level from such activity is less than 60 dB(A).

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ASSESSMENT

Noise levels at dwellings in the vicinity of the development have been predicted based on a range of previous noise measurements, manufacturer’s data and observations at other similar facilities, including:

 mechanical plant serving the control building;

 car park activity such as vehicle movements, the opening and closing of vehicle doors and getting in and out of cars;

 operation of a customer order device at a drive through facility;

 operation of an ice chest; and

 fuel delivery and truck movements.

The predictions of noise from the facility have also been based on the following operational assumptions for the level of activity that occurs in any 15 minute2 period:

Daytime (7am to 10pm) Night Time (10pm to 7am)

 continuous use of the drive through facility;  15 cars using the drive through facility;  continuous operation of mechanical plant;  continuous operation of mechanical plant;  continuous operation of the ice chest;  continuous operation of the ice chest; and  vehicle and parking activity associated with one vehicle in each of the designated car  vehicle and parking activity associated with park bays, and two at each of the fuel filling one vehicle in each of the designated car bays; and park bays, and one at each of the fuel filling bays.  a fuel delivery truck attending the site.

Based on the predictions, the following acoustic treatment measures are recommended for the site in order to achieve the noise criteria of the Policy:

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Mechanical Services Plant

 Locate all mechanical services plant and equipment within the designated area on the control building roof, behind the mechanical plant screen (as shown in blue in Appendix B).

 Ensure that the mechanical plant screen is constructed to a height that is at least 500mm greater than the tallest piece of equipment it surrounds. The screen should be sealed airtight along all vertical joins and constructed from sheet steel or a material with an equivalent or greater surface density. The bottom of the screen should continue as close as practicable to the roof deck below. It is noted that a small gap may be left between the bottom of the screen and the roof deck, as may be required for drainage.

 Ensure a proprietary in-line attenuator is incorporated to the discharge side of any significant exhaust fans.

It is noted that the above extent of treatment has been based on typical equipment selection at other similar OTR facilities, as listed in Appendix C. As such, the treatment measures should be reviewed during the detailed design phase of the project, once final equipment selections have been made.

Drive Through Facility

 Construct a 2.1m solid barrier along the south-east boundary of the drive through, for the extent shown in red in Appendix B. The barrier should be constructed from ‘Colorbond’ sheet steel (or its acoustic equivalent) and be airtight at all junctions including with the ground;

 Construct a 1.8m solid barrier along the south-west boundary of the drive through, for the extent shown in green in Appendix B. The barrier should be constructed from ‘Colorbond’ sheet steel (or acoustic equivalent) and be airtight at all junctions including with the ground.

 Incorporate 50mm thick acoustic insulation (having minimum density of 32 kg/m3) to the underside of the order station and collection bay roof structures, in accordance with Detail 2.

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Fixing to roof Roof structure structure

50mm thick acoustic insulation with a 3 Perforated material with an open minimum density of 32 kg/m . The area greater than 15%. Examples of insulation should be installed to the full suitable products include perforated extent of the roof structure. Other sheet steel, slotted timber, etc. materials such as “Pyrotek Reapor” can be used in lieu of the insulation.

Detail 1: Underside of roof insulation (section view).

Rubbish Collection and Fuel Deliveries

 Restrict the hours for rubbish collection from the site to the hours of Division 3 of the Policy. That is, only between the hours of 9am and 7pm on a Sunday or public holiday, and 7am and 7pm on any other day.

 Restrict the hours for fuel delivery to the site to the daytime hours of the Policy (7am to 10pm).

General

 Reduce noise from alarms produced by equipment (such as tyre filling stations) as far as practical.

 Ensure that the ground surface is smooth and all inspection points, grated trenches, etc. are correctly fixed to remove the potential for impact noise being generated when driven over.

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CONCLUSION

An environmental noise assessment has been made of the proposed OTR development located at the corner of Elliot Street and Lincoln Highway, Whyalla.

The noise levels at surrounding dwellings from the 24hr operation of the proposed development have been predicted, and acoustic treatment measures recommended for the facility, including:  specific construction of boundary fences;  incorporation of acoustic absorption;  mechanical plant screening; and  restricting the times for rubbish collection and fuel deliveries to the site.

Design features similar to the above have been incorporated at other operational OTR sites. With the recommended acoustic treatment measures in place, the noise at the dwellings from activity at the site is predicted to achieve the relevant requirements of the Environment Protection (Noise) Policy 2007 during both daytime and night time operation.

Based on the above, it is considered that the proposal will not detrimentally affect the amenity of the locality or provide unreasonable interference through the emission of noise, thereby achieving the relevant provisions of the Whyalla Council Development Plan.

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APPENDIX A: SITE LOCALITY AND SURROUNDING RESIDENCES

LEGEND

Site

Closest dwelling

Playford Avenue

Elliot Street Development

Site

“Existing Laneway”

Page 9 On The Run Whyalla, Elliot Street Environmental Noise Assessment S5070.4C1 December 2016 . sonus

APPENDIX A: EXTENT OF ACOUSTIC TREATMENT 1.8m high

boundary fence

Acoustic absorption to underside of roof structures Mechanical Plant

2.1m high boundary fence Mechanical plant location and screening

Page 10 On The Run Whyalla. Elliot Street Environmental Noise Assessment S5070.4C1 December 2016 . sonus

APPENDIX C: MECHANICAL SERVICES PLANT AND EQUIPMENT

Indicative mechanical services plant and equipment selection based on other similar On The Run facilities:

Air Conditioning and Ventilation

Unit Make Model Packaged Air Conditioner Temperzone OPA186RKTGH Packaged Air Conditioner Temperzone OPA201RKTGH Packaged Air Conditioner Temperzone OPA201RKTGH Packaged Air Conditioner Temperzone OPA370RKTBH Evaporative Unit Braemar RPA400 Amenities Exhaust Fan Fantech CE284V Kitchen Exhaust Fan with Attenuator Fantech AP0714AP10/14 with C2-040QS Kitchen Exhaust Fan with Attenuator Fantech AP0312AP10/22 with C1-031QS

Refrigeration

Refrigeration Make Model Condensing Unit Cool Room Kirby Polar FBH116MHZ1-2 Cool Room Kirby Polar FBH116MHZ1-2 Cool Room Kirby Polar FBH043MHZ1-2 PPH028LA1-2 Freezer Room Kirby Polar PPH050LA1-2

Page 11 TRAFFIC IMPACT ASSESSMENT

Proposed “On the Run” development Playford Avenue, Whyalla 1. Introduction

1.1 Purpose of this Report The purpose of this report is to provide a traffic impact and car parking assessment of the proposed development of an “On the Run” Integrated Service Station at the corner of Playford Avenue & Elliot Street, Whyalla, South Australia.

The assessment is an indication from GHD that the queuing and parking issues related to this site have been assessed against the findings of similar previous work. The site access points have also been reviewed against the requirements of applicable Australian Standards and Austroads Guidelines.

1.2 Scope and Limitations This report has been prepared by GHD for Peregrine Corporation Pty Ltd and may only be used and relied on by Peregrine Corporation Pty Ltd for the purpose agreed between GHD and the Peregrine Corporation Pty Ltd.

GHD otherwise disclaims responsibility to any person other than Peregrine Corporation Pty Ltd arising in connection with this report. GHD also excludes implied warranties and conditions, to the extent legally permissible.

The services undertaken by GHD in connection with preparing this report were limited to those specifically detailed in the report and are subject to the scope limitations set out within the report.

The opinions, conclusions and any recommendations in this report are based on conditions encountered and information reviewed at the date of preparation of the report. GHD has no responsibility or obligation to update this report to account for events or changes occurring subsequent to the date that the report was prepared.

The opinions, conclusions and any recommendations in this report are based on assumptions made by GHD described in this report (refer Section 1.3 of this report). GHD disclaims liability arising from any of the assumptions being incorrect.

GHD has prepared this report on the basis of information provided by Peregrine Corporation Pty Ltd and ADS Architects Pty Ltd who provided information to GHD, which GHD has not independently verified or checked beyond the agreed scope of work. GHD does not accept liability in connection with such unverified information, including errors and omissions in the report which were caused by errors or omissions in that information.

1.3 Assumptions This report is based upon information received from Peregrine Corporation Pty Ltd regarding the proposed development; in accordance with ADS Architect Drawing No. 16/JN1286/sk01/b. As such, it is assumed that all information provided by Peregrine Corporation Pty Ltd, Council and the Department of Planning, Transport and Infrastructure is an accurate representation of the existing and proposed conditions of the site.

33-18137-18 Proposed “On the Traffic Impact Assessment Run” Whyalla, Playford

1 2. Background

The following information is supplied as a site specific supplement to previous GHD findings, detailed in a report provided to Peregrine Corporation in December 2014, referenced as “On the Run” Traffic Management Report, herein after referred to as the “TM Report”.

This statement is an indication from GHD that the queuing and parking issues related to this potential development site have been assessed, together with access points to/from site against the requirements of applicable Australian Standards, Guidelines, DPTI requirements and best practice.

This report is based upon information received from Peregrine Corporation regarding the proposed development at the above site; in accordance with ADS Architect Drawing No. 16/JN1286/sk01/b.

2.1 Development Application GHD Pty Ltd (GHD) has been engaged by Peregrine Corporation Pty Ltd (Peregrine), to prepare a “Traffic Impact Assessment Report” to support its development application associated with a proposed site redevelopment for an “On The Run” (OTR) on the corner of Playford Avenue and Elliot Street, Whyalla.

2.2 Development Proposal The attached design plan provides information of the proposed new development including the new control building, fuel canopy and access arrangements.

It is proposed (by the developer) that:

1. A new 401 m2 control building positioned on the south-west end of the site which will also have quick service restaurant facilities;

2. Five (5) customer parking spaces including a disability parking space are proposed at the shop front, four (4) carparks are located on the western boundary with additional two (2) spaces along the eastern property boundary for air and water points;

3. A new fuel canopy will be located in the northern corner;

4. A three (3) Pump Dual Starter Gate configuration is proposed providing six (6) filling positions under the new canopy area;

5. Access/egress driveways will be located on Playford Avenue & Elliot Street as well as a singular egress point from the quick service restaurant facility onto Playford Avenue;

6. Pylon advertising signage will be positioned in three locations on site, including north, east and west property boundaries.

33-18137-18 Proposed “On the Traffic Impact Assessment Run” Whyalla, Playford

2 3. Existing Site Details

3.1 Site Location Located at the corner of Playford Avenue and Elliot Street, Whyalla, this property is currently a vacant block of land that is used as additional parking space. Access and egress to the existing site is via Playford Avenue, although two (2) access points are currently located on Elliot Street but not in use, and blocked off with bollards. Playford Avenue is part of the Lincoln Highway which connects Port Augusta and Port Lincoln and is managed and maintained by DPTI. Playford Avenue contains dual traffic lanes in either direction measuring 20 m in width and has a posted speed limit of 60 km/h. Elliot Street is managed and maintained also by DPTI with dual traffic lanes in each direction measuring 18 m wide and has a posted speed limit of 60 km/h. Both Playford Avenue and Elliot Street provide additional on-street parking in both directions.

N

Proposed development

Figure 1 - Proposed Development Site - Corner of Playford Avenue and Elliot Street

33-18137-18 Proposed “On the Traffic Impact Assessment Run” Whyalla, Playford

3 3.2 Existing Traffic Volumes Recorded traffic volume information has been obtained from DPTI (2015) which has revealed the following;

 Playford Avenue (north-east of site) 4,200 vehicles per day including 10.5% commercial vehicles (Source: DPTI 2015);  Playford Avenue (south-west of site) 3,900 vehicles per day including 9.5% commercial vehicles (Source: DPTI 2015);  Elliot Street 2,400 vehicles per day including 5.5% commercial vehicles (Source: DPTI 2015).

3.3 Crash History Road crash data for the last complete five (5) year period has been obtained from DPTI (SA Map Viewer) for the area immediately surrounding the proposed development. A review of these records indicates that there have been six (6) reported crashes (5 PDO, 1 Injury) at the intersection of Playford Avenue and Elliot Street. All six (6) crashes were caused by ‘right turn’ manoeuvres.

Additionally, two (2) crashes were recorded within close proximity to the site on Playford Avenue, with one (1) being a ‘right angle’ accident and another being ‘hit parked vehicle’. As the ‘right angle’ crash was on the north western side of the central median island on Playford Avenue it is not considered that any of these incidents were directly related to the proposed development site and are considered to be unrelated.

33-18137-18 Proposed “On the Traffic Impact Assessment Run” Whyalla, Playford

4 4. Traffic Assessment

4.1 Queuing The proposed development as detailed on ADS Plan 16/JN1286/sk01/b has been assessed for queuing capacity and it has been found that the two (2) entry points to the property (one (1) via Playford Avenue and one via Elliot Street) as Elliot Street can provide greater than 10 m separation from the property boundary to the closest pump outlet, (as required by DPTI to enable two (2) passenger vehicles to queue). The actual separation is 12.7 m from closest pump to Elliot Street, allowing for the required amount of two vehicles to queue behind a vehicle fuelling.

Alternatively, access from Playford Avenue provides a distance of 5.8 m from the property boundary to the closest pump outlet allowing for a queuing capacity of one (1) vehicle. This entrance, and the usage of the closest pump, is not considered the favourable option as it causes issues with queuing capacity and has the potential to block the access point entirely if one (1) vehicle is queued at the bowser closest to Playford Avenue. Alternatively, the bowser located closest to Playford Avenue is easily accessible for vehicles entering via Elliot Street. Relative sketch 33-18137-18 SK001 & SK002.

4.2 Parking Based upon previous site investigations and analysis undertaken by GHD at other OTR sites, the retail parking generation rate which is likely to be created by this proposed development and other similar “On the Run” sites are as follows;

 2.5 spaces / 100 m2 GFA for sites < 300 m2 without quick service restaurant;

 3.3 spaces / 100 m2 GFA for sites between 300 m2 and 400 m2 with quick service restaurant;

 1.8 spaces / 100 m2 GFA for sites > 400 m2 with quick service restaurant. (Excludes staff parking requirements) In this particular case the control building of 401 m2 including drive thru facilities as such a conservative application rate has been applied.

The proposed development (detailed on ADS Plan 16/JN1286/sk01/b) has been assessed for parking supply against the above empirical data parameters. It has been found that on this particular occasion the proposed design will exceed the minimum car parking rate of 1.8 spaces/100 m2 of GFA for a control building of 401 m2 (required seven (7) spaces). The actual rate provided is 2.7 spaces/100 m2 GFA (i.e. 11, thereby exceeding the requirements as set out above).

As such, application of this parking rate to the retail floor area within the proposed building area of 401 m2 equates to seven (7) parking spaces. On this basis, the proposed supply of five (5) new spaces at the shop front area, together with the four (4) spaces on the north-west boundary, and two (2) spaces at the air and water point on the eastern boundary of the site (totalling 11 spaces). It is also proposed that the shopfront parking utilises 4.8 m long bays with an allowance of 600 mm overhang over the kerbs and the use of bollards as required by the provisions of AS 2890.1 (Clause 2.4.5.4).

33-18137-18 Proposed “On the Traffic Impact Assessment Run” Whyalla, Playford

5 A review of the Whyalla Council Development Plan (consolidated 8th September 2016) shows a minimum parking rate of one (1) space for every two (2) employees. On this basis, it is assumed that no more than 20 employees will be working all together at one given time, therefore the proposed supply of 11 new parking spaces exceeds the Council statutory parking requirements. The site design also proposes to supply one (1) disabled parking space. A review of The Building Code of Australia indicates the provision of one (1) disabled parking space for every 50 parking spaces or part therefore for a service station development. On this basis, the proposed supply of one (1) disabled parking space is considered satisfactory, although the associated ramp will be required to be included and built in accordance with AS 1428.

4.3 Access/Egress The primary design objectives in terms of access and egress is to ensure that customer vehicles (B99 passenger vehicles) can safely and efficiently travel into the site and throughout the site to access the fuel bowsers, parking space and drive through. Equally as important is the movement of regular service vehicles such as the 19 m semi-trailer delivering fuel and the refuge collection and/or other delivery trucks.

The service vehicles will access the site via Elliot Street, circulating out onto Playford Avenue, with the fuel tankers also entering at the Elliot Street access and circulating to exit via Playford Avenue.

During the fuel decanting process, circulation around the site will be temporarily hindered as no vehicles will be able to pass the front of the control building. (seen in sketch 33-18137-18 SK001). Circulation for all vehicles will need to manoeuvre around the rear end of the decanting vehicle momentarily (approximately 20 minutes).

4.4 Traffic Generation Traffic generation rates applicable to the site have been sourced from the NSW Roads and Maritime Services (RMS) Guide to Traffic Generating Development (2002) (herein referred to as the RMS Guide). The guide provides rates for service station and convenience stores based on survey data. The following applicable rates are provided:

Service Station evening peak hour vehicle trips = greater of 0.04A(S) + 0.3A(F) or 0.66A(F) Where A(S) = area of site

A(F) = gross floor area of McDonald’s outlet evening peak hour vehicle trips = average of 180 veh/hr up to 230 veh/hr

It should be noted that this rate is a conservative estimate for a service station and does not account for the:

 Integrated and unique nature of OTR development offering multiple services which generate multi- purpose trips;  Passing trade that is already on the road network i.e. linked trips as opposed to new trips generated. Queensland Department of Main Roads Guidelines for Assessment of Road Impacts of Development (2006) (there is no SA reference, accordingly this document is considered applicable for such an

33-18137-18 Proposed “On the Traffic Impact Assessment Run” Whyalla, Playford

6 analysis) indicates that up to 60% of trips for fast food developments could be linked trips including 35% which are directly passing by the site before deciding to enter.  Existing traffic utilising the site which would further discount the new trip estimate.

2 Based on the proposed site area A(S1) of 1991 m and new control building gross floor area A (F1) of 401 2 2 m , the existing site area A(S2) is 1991 m with no current control building. Table 1 shows the predicted peak hour traffic generated by the proposed new development.

Table 1 - Projected Peak Hour Traffic Generation

Quick Service Total Service Station Restaurant

0.04 A(S1) + 0.3 A(F1) = 0.04 (1991) + 0.3 380 trips 180 trips (401) = 80 + 120 = 200 trips

0.66 A(F1) = 0.66 (401) = 265 trips 180 trips 445 trips Passing Trade Discount (35%) 156 trips Total Projected Peak Hour Traffic Generation 289 trips Based upon the road hierarchy classification and current measured traffic volumes obtained from DPTI it is considered that the projected additional traffic generation would still be within the operational capabilities of Playford Avenue and Elliot Street.

Accordingly, it is considered that the operation or safety of the internal site access driveways or external surrounding road network would not be compromised by this development.

4.5 Projected Traffic Growth Given the rural nature of the site and associated land uses, a steady growth rate has been assumed for traffic flows within Whyalla and accordingly this growth is not considered to pose an issue for the near future.

4.6 Traffic Circulation Traffic circulation at the site is projected to be a predominantly entering via Playford Street based upon access and egress orientation currently located here. With the additional driveway crossover located on Elliot Street, and both surrounding roads being dual lane roads, it is proposed that traffic will flow easily from both access points. Access to the site can be gained via the new access point on Elliot Street on the eastern boundary, and amended access point on Playford Avenue. Additionally, a singular exit point is located on Playford Avenue to facilitate the quick service restaurant traffic. The access driveway located on Playford Avenue will require amendments, to allow for larger fuelling vehicles to easily exit the site. Also, the currently unused driveways on Elliot Street will require modification to allow for one access driveway.

These features together with the location of fixed objects within the site have been assessed against road safety requirements and for clear unobstructed access and egress by a 19 m semi-trailer and an 8.8 m Service Vehicle. Analysis of the turn paths (see Attachment 1 – GHD Sketch Plan 33-18137-18 SK001 – SK005) shows the swept paths of the required vehicles.

33-18137-18 Proposed “On the Traffic Impact Assessment Run” Whyalla, Playford

7 In summary, these design features are consistent with the recommendations in previous “On the Run” developments, appropriate Australian Standards and Local Council/ DPTI requirements.

33-18137-18 Proposed “On the Traffic Impact Assessment Run” Whyalla, Playford

8 5. Conclusion

This report has assessed the traffic impact of the planned development of an integrated “On the Run” service station site, proposed to be located on the corner of Playford Avenue and Elliot Street in Millicent, South Australia.

This report has shown that:

 The existing traffic volumes at this location can accommodate the additional traffic likely to be generated;  The proposed car park design functionality and capacity of 11 car parking spaces is considered appropriate given the requirements of the Council Development Plan and the empirical data previously obtained by GHD from parking surveys at other OTR sites.

Traffic Impact Statement Certification It is hereby certified that the proposed development installation or alteration described in this document and shown on the attached plans ADS 16/JN1286/sk01/b and GHD 33-18137-18 SK001 to SK005:

 is in accordance with Austroads Guidelines and relevant Australia Standards;  verifies that the subsequent detailed design can meet the requirements of appropriate Australian Standards

Steve McDermott

Experienced Traffic Engineering Practitioner 9/12/2016

33-18137-18 Proposed “On the Traffic Impact Assessment Run” Whyalla, Playford

9 Attachments:

 ADS Plan 16/JN1286/sk01/b – Site Layout Plan  GHD Sketch 33-18137-18-SK001 – 19M Semi Tanker Turn Path Analysis  GHD Sketch 33-18137-18-SK002 – B99 Passenger Vehicle, Turn Path Analysis  GHD Sketch 33-18137-18-SK003 – B99 Fuel Canopy Anti Clockwise  GHD Sketch 33-18137-18-SK004 – 8.8M Service Vehicle, Turn Path Analysis  GHD Sketch 33-18137-18-SK005 – B99 QSR Queing Capacity, Turn Path Analysis

33-18137-18 Proposed “On the Traffic Impact Assessment Run” Whyalla, Playford

10 EPA Reference: 34028

15 August 2017

Mr Malcolm Govett Senior Project Officer Development Assessment Commission GPO Box 1815 ADELAIDE SA 5001

Dear Mr Govett

ADVICE FOR REGARD - Activity of Environmental Significance

Development Application No. 850/E001/17 Applicant Shahin Enterprises Pty Ltd T/a Peregrine Corporation Location A1121, A1122 TP560501, Hundred Randell, Playford Avenue, Whyalla SA 5600. Activity of Environmental Significance Schedule 8 Item 10(b); Schedule 21 Item Proposal Integrated Service Station Complex.

Decision Notification A copy of the decision notification must be forwarded to: Client Services Officer Environment Protection Authority GPO Box 2607 ADELAIDE SA 5001

I refer to the above development application forwarded to the Environment Protection Authority (EPA) in accordance with Section 37 of the Development Act 1993. The proposed development involves an activity of environmental significance as described above.

The following response is provided in accordance with Section 37(4)(a)(i) of the Development Act 1993 and Schedule 8 Item 10(b) of the Development Regulations 2008.

In determining this response the EPA had regard to and sought to further the objects of the Environment Protection Act 1993, and also had regard to:

• the General Environmental Duty, as defined in Part 4, Section 25 (1) of the Act; and • relevant Environment Protection Policies made under Part 5 of the Act. Please direct all queries relating to the contents of this correspondence to Michael Guy on telephone (08) 82042129 or facsimile (08) 81244673 or email [email protected].

THE PROPOSAL

It is proposed to construct an integrated service station complex at the subject site.

SITE DESCRIPTION

The site of the proposed development is currently vacant, described as allotments 1121-1122 Playford Avenue, Whyalla and registered on Certificate of Title Volume 5921 Folio 621.

Pursuant to the Whyalla Council Development Plan (consolidated 14 June 2017) the site is within the Local Centre Zone.

The subject site has been reviewed using aerial imagery and it is understood that the nearest sensitive receivers (dwellings) adjoin the site to east and south.

CONSIDERATION

As per Schedule 21 1(3) of the Development Regulations 2008, the referral trigger to the EPA for assessment relates to petroleum storage. Therefore, the EPA has only provided an assessment of the potential environmental impacts associated with the proposed petroleum storage activity.

ENVIRONMENTAL ISSUES

In assessing the information submitted with the application, the EPA is satisfied that the proposed petroleum storage activity would not cause unacceptable environmental impacts due to the following:

• the proposed Stage 1 and 2 vapour recovery systems would mitigate vapour emissions during filling of underground storage tanks (USTs) and vehicle refuelling at the dispensers (conditions advised below) • all USTs would be double-walled with automatic tank gauging to detect leaks (condition advised below) • all fuel lines between the USTs and dispensers would be double contained with leak detection systems (condition advised below) • all runoff (including spillages) would drain to the full retention Class 1 SPEL Puraceptor.

OTHER COMMENTS

As the referral to the EPA relates to petroleum storage only, the EPA has not undertaken an assessment of the submitted Environmental Noise Assessment by Sonus (Ref. S55070.4C1, dated December 2016). The planning authority is advised to consider the noise report and its recommendations prior to making a decision on the development application, particularly as there are dwellings immediately adjacent the site and the proposed facility would operate 24 hours, seven days a week. The planning authority should be satisfied that the proposed development would comply with the Environment Protection (Noise) Policy 2007. Page 2 of 3 ADVICE

The planning authority is advised to attach the following conditions to any approval:

1. Prior to operation, all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which includes underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling 2. Prior to operation, all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling. 3. Any sludge or oily residue collected within the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot. 4. All underground fuel storage tanks must be double-skinned fibreglass and fitted with an automatic tank gauging (ATG) system to monitor tank levels and detect leaks. 5. Prior to use, all fuel lines between the underground storage tanks and fuel dispensers must be fitted with a pressure leak detection system.

The following notes provide important information for the benefit of the applicant and are requested to be included in any approval:

• The applicant is reminded of its general environmental duty, as required by section 25 of the Environment Protection Act 1993, to take all reasonable and practicable measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. • EPA information sheets, guidelines documents, codes of practice, technical bulletins etc can be accessed on the following web site: http://www.epa.sa.gov.au

Yours faithfully

Hayley Riggs Delegate ENVIRONMENT PROTECTION AUTHORITY

Page 3 of 3

22 March 2017

Mr Macolm Govett Planning Officer Planning and Development Division Department of Planning, Transport and Infrastructure

By email

Dear Sir Application Number: 850/E001/17 Allotment 1121 & 1122, Playford Avenue, WHYALLA We refer to your correspondence enclosing 1 representation received during the public notification of the above matter.

Please find below our responses to the issues raised in the representation:

1. Devaluation of properties: We refute the assertion that the proposal would cause any devaluation to nearby properties- there is no cogent evidence in support of this statement. Nevertheless as you would no doubt be aware, any devaluation of property is not a relevant planning consideration.

2. Noise generated by the development: The noise generating activities from this site have been assessed by Sonus. Sonus have concluded that the operations of the site will comply with the EPA’s Noise Policy and that it will not detrimentally affect the amenity of the locality or provide unreasonable interference through the emission of noise, thereby achieving the relevant provisions of the Whyalla Council Development Plan.

3. Odours generated by the site: For the reasons specified in our application, The cobranded food offer is Subway (sandwiches).

Subway operations do not involve preparations which typically generate food odour (deep frying, grilling etc). We submit that there food odour will not be generated at the site so as to cause any adverse impacts on the amenity of surrounding neighbours.

The mechanical design of canopies and kitchen extraction systems will be designed by a qualified engineer and will comply with the Building Code of Australia and the Australian Standard AS 1668.2:2012 (which is a building rules certification requirement). We adopt best industry practices in this regard to maintain the integrity of our franchises brands.

In relation to any potential issues arising from odours from fuel storage or infrastructure on this site, we note that: 2 of 2 22/03/2017 PEREGRINE CORPORATION  We utilise vapour recovery systems which are designed to reduce petrol emissions into the atmosphere from underground storage systems. The EPA recommends that a Stage 1 vapour recovery system be fitted to the underground storage tanks, which we do as a matter of course at all sites.

 On the issue of air quality, we have undertaken air monitoring at other service stations in our network to ascertain the impact of fuel vapour emissions from our site to adjoining properties. In particular we did this recently at our service station at BP Woodville West (938-942 Port Road) where in the 2 days of monitoring the levels of fuel vapour (Benzene, Xylene and Toluene) all were well below the investigatory monitoring levels set by the EPA. A copy of the assessment is attached for consideration.

 Further, the ERD Court has made the following observations in respect of our operations in a Memorandum issued in to the matter between Port Adelaide Residents Environment Protection Group v City of Port Adelaide Enfield & OTR 97 Pty Ltd (File No: ERD-13-308, dated 25 June 2014 ) (the Memorandum):

“[108] In addition, OTR has conducted some limited air quality testing on the subject land (on 15 and 16 April 2014) which revealed levels at less than 0.0005 ppm. 32

The evidence is not therefore supportive of there being poor ambient air quality.

[109] Thirdly, we reject the appellant’s contention that the evidence supports the proposition that the proposal may elevate benzene levels about safe levels for the following reasons:

 Testing (again of limited duration) done at an existing facility similar to the proposal, at Port Road, Woodville West, records benzene levels within acceptable levels,

 None of the papers cited in support of this proposition enable us to postulate the likely levels, safe or otherwise, of benzene to be emitted by the proposal.”

We trust that the above adequately answers the matters raised by the representations. If you have any queries, please contact me at your convenience.

Yours faithfully

Thuy Luu-Nguyen

WHYALLA COUNCIL GENERAL SECTION

INTERFACE BETWEEN LAND USES

OBJECTIVES

Obj1: Development located and designed to minimise adverse impact and conflict between land uses. Obj2: Protect community health and amenity from adverse impacts of development. Obj3: Protect desired land uses from the encroachment of incompatible development.

PRINCIPLES OF DEVELOPMENT CONTROL

PDC1: Development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following: (a) the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants (b) noise (c) vibration (d) electrical interference (e) light spill (f) glare (g) hours of operation (h) traffic impacts. PDC2: Development should be sited and designed to minimise negative impacts on existing and potential future land uses desired in the locality. PDC3: Development adjacent to a Residential Zone or Residential Character Zone should be designed to minimise overlooking and overshadowing of adjacent dwellings and private open space. PDC4: Residential development adjacent to non-residential zones and land uses should be located, designed and/or sited to protect residents from potential adverse impacts from non-residential activities. PDC5: Sensitive uses likely to conflict with the continuation of lawfully existing developments and land uses desired for the zone should be designed to minimise negative impacts. PDC6: Non-residential development on land abutting a residential zone should be designed to minimise noise impacts to achieve adequate levels of compatibility between existing and proposed uses.

Noise Generating Activities

PDC7: Development that emits noise (other than music noise) should include noise attenuation measures that achieve the relevant Environment Protection (Noise) Policy criteria when assessed at the nearest existing noise sensitive premises. PDC8: Development with the potential to emit significant noise (e.g. industry) should incorporate noise attenuation measures that prevent noise from causing unreasonable interference with the amenity of noise sensitive premises.

PDC9: Outdoor areas (such as beer gardens or dining areas) associated with licensed premises should be designed or sited to minimise adverse noise impacts on adjacent existing or future noise sensitive development. PDC10: Development proposing music should include noise attenuation measures that achieve the following desired noise levels:

Noise level assessment location Desired noise level Adjacent existing noise sensitive Less than 8 dB above the level of development property boundary background noise (L90,15min) in any octave band of the sound spectrum and Less than 5 dB(A) above the level of background noise (LA90,15min) for the overall (sum of all octave bands) A- weighted level Adjacent land property boundary Less than 65dB(Lin) at 63Hz and 70dB(Lin) in all other octave bands of the sound spectrum or Less than 8 dB above the level of background noise (L90,15min) in any octave band of the sound spectrum and 5 dB(A) overall (sum of all octave bands) A- weighted level

Air Quality

PDC11: Development with the potential to emit harmful or nuisance-generating air pollution should incorporate air pollution control measures to prevent harm to human health or unreasonable interference with the amenity of sensitive uses within the locality. PDC12: Chimneys or exhaust flues associated with commercial development (including cafes, restaurants and fast food outlets) should be designed to ensure they do not cause a nuisance or health concerns to nearby sensitive receivers by: (a) incorporating appropriate treatment technology before exhaust emissions are released to the atmosphere (b) ensuring that the location and design of chimneys or exhaust flues maximises dispersion and takes into account the location of nearby sensitive uses.

TRANSPORTATION AND ACCESS

OBJECTIVES

Obj1: A comprehensive, integrated, affordable and efficient air, rail, sea, road, cycle and pedestrian transport system that will: (a) provide equitable access to a range of public and private transport services for all people (b) ensure a high level of safety (c) effectively support the economic development of the State (d) have minimal negative environmental and social impacts (e) maintain options for the introduction of suitable new transport technologies. Obj2: Development that: (a) provides safe and efficient movement for all motorised and non-motorised transport modes (b) ensures access for vehicles including emergency services, public infrastructure maintenance and commercial vehicles (c) provides off street parking (d) is appropriately located so that it supports and makes best use of existing transport facilities and networks. Obj3: A road hierarchy that promotes safe and efficient transportation in an integrated manner throughout the State. Obj4: Provision of safe, pleasant, accessible, integrated and permeable pedestrian and cycling networks. Obj5: Safe and convenient freight movement throughout the State.

PRINCIPLES OF DEVELOPMENT CONTROL

Land Use

PDC1: Land uses arranged to support the efficient provision of sustainable transport networks and encourage their use.

Access

PDC21: Development should have direct access from an all weather public road. PDC22: Development should be provided with safe and convenient access which: (a) avoids unreasonable interference with the flow of traffic on adjoining roads (b) accommodates the type and volume of traffic likely to be generated by the development or land use and minimises induced traffic through over-provision (c) is sited and designed to minimise any adverse impacts on the occupants of and visitors to neighbouring properties.

Vehicle Parking

PDC31: Development should provide off-street vehicle parking and specifically marked disabled car parking places to meet anticipated demand in accordance with Table Wh/1 – Off Street Vehicle Parking Requirements.

LOCAL CENTRE ZONE

OBJECTIVES

Obj1: A centre accommodating small-scale convenience shopping, office, medical and community facilities to serve the day-to-day needs of the local community, subordinate to the Regional, District and Town Centre Zones. Obj2: A centre characterised by traditional corner stores or small groups of shops located within easy walking distance of the population they serve. Obj3: A centre accommodating residential development in conjunction with non- residential development.

PRINCIPLES OF DEVELOPMENT CONTROL

Land Use PDC1: The following forms of development are envisaged in the zone: ▪ advertisement ▪ community facility ▪ consulting room ▪ office ▪ office and dwelling ▪ shop ▪ shop and dwelling.

PDC2: Development listed as non-complying is generally inappropriate and not acceptable unless it can be demonstrated that it does not undermine the objectives and principles of the Development Plan. PDC3: Residential development and development comprising a variety of residential and non-residential uses may be undertaken provided such development does not prejudice the operation of existing or future retail activity within the zone.

Form and Character PDC4: Dwellings should be located only behind or above non-residential uses on the same allotment.