Section 96 2016

Submission period for the Section 96 modification application DA 264/2015/B is now open

Get your objection letter here (pdf)

or here (webpage)

Section 96 Modification Application DA 264/2015/B

This request to change the traffic and noise conditions attached to the approved 2015 DA was lodged with Waverley Council on 23 December 2016. If approved it will have a significant adverse impact on many streets in our neighbourhood. Streets effected would be:

  • Chesterfield Parade
  • Chesterfield Lane
  • Boundary Street
  • St Thomas St
  • Arden St
  • Macpherson St (East end)

There is “commercial space” on Chesterfield Lane in the new 2016 DA. This would be serviced via Chesterfield Lane i.e. the exact development that WLB proposed in Oct 2012. After all our hard work over 4 years, we can’t let this happen.

The Waverley Traffic Committee (WTC) took into account the safety and other traffic issues of the redevelopment when it examined the DA last year. The subsequent WTC recommendations were endorsed and implemented by the Waverley Development Assessment Panel during the DA approval process. It would be madness to now, less than a year later, do a backflip and allow the truck movements deemed inappropriate by the WTC but requested by a developer.

The Details

  1. There should be no changes to the traffic conditions outlined in DA 264/2015. The traffic conditions drafted by the Waverley Traffic Committee and put in place by the Waverley Development Assessment Panel were designed to protect the safety of the many children and families walking and playing in the area. They recognise the narrow width of Chesterfield Lane and its unsuitability for commercial trucks and commercial traffic. They recognise the predominately residential nature of the neighourhood.
  2. No person, traffic engineer or otherwise, should be given authority to overrule the traffic conditions outlined in DA 264/2015 for the reasons listed above.
  3. There is no need for the rigs and excavation equipment to access the site via Chesterfield Lane and such equipment will have great difficulty negotiating the laneway.
  4. Such equipment, and any other construction/demolition vehicles or equipment using Chesterfield Parade/Lane would cause damage to the heritage listed Chesterfield Parade Fig trees.
  5. There should be no loss of parking spaces in Chesterfield Lane. This would have an unnecessary adverse impact on the local residents and members of the school, childcare and scout hall communities.
  6. There should be no semi-trailers or dog trailers allowed on Macpherson St or surrounding streets as outlined in Condition 32c.
  7. The noise conditions and prescribed construction hours are not unreasonable and should not be modified as the impact on neighbouring residences will be too great.

The proposed amendments to the approved DA are unnecessary for a successful development and would have unacceptable negative effects on the neighbourhood and on our community. They should be refused and the redevelopment should proceed as permitted in DA 264/2015.

Traffic report

More Details

What’s happened with the RSL site?
The original developer WLB on-sold the site to a new developer in July this year. The new owner is the RDA Property Group directed by Danny Avidan.

What does Avidan want?
To change the traffic and noise conditions attached to the approved 2015 DA. This came after the developer had earlier met, unbeknownst to our community, with the Council for discussions about the DA in October.

What are the proposed traffic changes?
The Waverley Development Assessment Panel (WDAP) attached a number of traffic conditions to the approval of the DA in 2015. The conditions limited the construction/demolition trucks to using the west end of Macpherson St and there was to be no servicing of the completed building from Chesterfield Lane. These were designed to protect the safety of the children in our neighbourhood, minimise the disruption to our streets and stop a large supermarket from being built on the site.

The developer’s requested changes are vaguely described but seem to include:
1. Allowing large construction and demolition trucks to use Macpherson St (east end), Boundary St, Arden St, St Thomas St, Chesterfield Parade and Chesterfield Lane on a case by case basis. To be approved by some unknown “traffic engineer”.
2. The institution of permanent “No Stopping” along the entire length of Chesterfield Lane.
3. Allowing servicing of the completed building from Chesterfield Lane.
4. Allowing semi-trailer trucks on Macpherson St.
5. Removing the DA requirement that the developer must consult with local residents prior to beginning construction in order to minimise noise from the construction process.

What are the consequences of the requested changes for our neighbourhood?
1. Safety
* Large trucks driving past the Clovelly Public School, the scout hall, the Bronte Early Education Childcare Centre and The Clovelly Childcare Centre now and into the future.
* Significantly more truck traffic on Arden St, Boundary St, St Thomas St, Chesterfield Parade and Chesterfield Lane.
* Larger trucks on Macpherson St.
* Potential removal of pedestrian crossing at St Thomas St/Macpherson St.
* Potential for hazardous materials such as asbestos to be trucked through residential streets and past our school.
2. Commercial space on Chesterfield Lane in the new 2016 DA
* Commercial trucks and traffic driving past the Clovelly Public School, Clovelly Scout Hall and Bronte Early Education Childcare Centre
3. Permanent loss of valuable parking spaces
* Permanent No Stopping zones along the entire length of Chesterfield Lane with the loss of up to 30 car parking spaces

What happens next?
There is be yet another community consultation (“notification”) period. You need to make a submission now. You will need to write one to the Council and a second submission to the Waverley Traffic Committee.

We will be opposing any changes that adversely affect our community and asking that the developer, who bought the site with the full knowledge of the conditions, be made to build according to the approved DA. The developer has already successfully sold many apartments in the new building for a considerable price. There is no need to change the rules to allow the developer to make even more money.

Get your objection letter here