SSD Modification Assessment Report Template

NSW Department of Planning, Industry and Environment | dpie.nsw.gov.au

West Nowra Resource Recovery Facility Modification 1

State Significant Development Modification Assessment

(SSD-7015-Mod-1)

November 2021

West Nowra Resource Recovery Facility Modification 1 (SSD-7015) | Modification Assessment Report ii

Published by the NSW Department of Planning, Industry and Environment

dpie.nsw.gov.au

Title: West Nowra Resource Recovery Facility Modification 1

Subtitle: State Significant Development Modification Assessment

Cover image: nearmap 2021

© State of New South Wales through Department of Planning, Industry and Environment (2021). You may copy, distribute, display, download and otherwise freely deal with this publication for any purpose, provided that you attribute the Department of Planning, Industry and Environment as the owner. However, you must obtain permission if you wish to charge others for access to the publication (other than at cost); include the publication in advertising or a product for sale; modify the publication; or republish the publication on a website. You may freely link to the publication on a departmental website.

Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (October 2021) and may not be accurate, current or complete. The State of New South Wales (including the NSW Department of Planning, Industry and Environment), the author and the publisher take no responsibility, and will accept no liability, for the accuracy, currency, reliability or correctness of any information included in the document (including material provided by third parties). Readers should make their own inquiries and rely on their own advice when making decisions related to material contained in this publication.

West Nowra Resource Recovery Facility Modification 1 (SSD-7015) | Modification Assessment Report iii

Glossary

Abbreviation Definition

Applicant Shoalhaven City Council

Council Shoalhaven City Council

Crown Lands Crown Lands, DPIE

Department Department of Planning, Industry and Environment (DPIE)

EP&A Act Environmental Planning and Assessment Act 1979

EP&A Regulation

Environmental Planning and Assessment Regulation 2000

Minister Minister for Planning and Public Spaces and Minister for Transport and Roads

NPWS National Parks & Wildlife Service

Planning Secretary

Secretary of the Department

RRF Resource Recovery Facility

SEPP State Environmental Planning Policy

Site 114 Flatrock Road, Mundamia

SSD State Significant Development

TfNSW Transport for NSW

West Nowra Resource Recovery Facility Modification 1 (SSD-7015) | Modification Assessment Report iv

Contents

1 Introduction ········································································································· 1

1.1 Background ......................................................................................................................... 1

1.2 Approval history................................................................................................................... 3

2 Proposed modification ·························································································· 4

2.1 Proposed Modification ......................................................................................................... 4

2.2 Applicant’s Justification for the Proposed Modification ....................................................... 5

3 Statutory context ·································································································· 6

3.1 Scope of Modifications ........................................................................................................ 6

3.2 Consent Authority ................................................................................................................ 6

3.3 Mandatory Matters for Consideration .................................................................................. 6

3.4 Biodiversity Conservation Act 2016 .................................................................................... 7

4 Engagement ········································································································· 8

4.1 Department’s Engagement ................................................................................................. 8

4.2 Government Advice ............................................................................................................. 8

4.3 Response to Government Advice ....................................................................................... 8

4.4 Response to the Department’s Request for Information ..................................................... 8

5 Assessment ········································································································ 10

5.1 Traffic and Road Safety .................................................................................................... 10

5.2 Other Issues ...................................................................................................................... 13

6 Evaluation ··········································································································· 15

7 Recommendation ································································································· 16

8 Determination ······································································································ 17

Appendices ················································································································· 18

Appendix A – List of Documents ................................................................................................. 18

Appendix B – Modifying Instrument ............................................................................................ 18

West Nowra Resource Recovery Facility Modification 1 (SSD-7015) | Modification Assessment Report 1

1 Introduction

This report provides the NSW Department of Planning, Industry and Environment’s (the Department’s)

assessment of an application to modify the State significant development (SSD) consent for the West

Nowra Resource Recovery Facility (SSD-7015). The modification application seeks consent to remove

several proposed mitigation measures relating to traffic management and road safety.

The existing consent included mitigation measures to address road safety concerns on Flatrock Road,

particularly in relation to site access to the National Parks and Wildlife Service (NPWS) Depot located

at 104 Flatrock Road. These mitigation measures included the creation of a road reserve on Flatrock

Road along the southern boundary of the site, relocation of the existing site access gate and a

decreased speed limit on Flatrock Road.

The Applicant has advised that during detailed design, and through consultation with relevant agencies,

these mitigation measures were found to be unfeasible due to certain legislative requirements under

the Roads Act 1993 and Australian Standard road safety requirements. In lieu of these mitigation

measures, the Applicant has identified several alternative design options and mitigation measures that

would achieve better road safety outcomes than those originally proposed.

The application was lodged on 26 August 2021 by Shoalhaven City Council (the Applicant) pursuant to

section 4.55(1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act).

1.1 Background

The Applicant has Concept and Stage 1 approval for a Resource Recovery Facility (RRF) at 114

Flatrock Road, Mundamia, in the Shoalhaven local government area. The site is located adjacent to the

existing West Nowra Recycling and Waste Facility (West Nowra Landfill).


Figure 1 | Regional Context Map

Figure 2 | Local Context Map


The site is located approximately five kilometres (km) west of the Nowra Central Business District and

is accessed from Flatrock Road, off Yalwal Road in Mundamia. The Applicant has ownership of the site,

which has an area of approximately 3.6 hectares (ha) and contains 0.5 ha of degraded vegetation in

the south of the lot where the site fronts Flatrock road. Sandy Creek is located 680 metres (m) west of

the site and Cabbage Tree Creek is 450 m east of the site, both flowing northwards into the Shoalhaven

River.

The NPWS Nowra Area Office and Depot is located immediately to the south-east of the site. Land

north and east of the site is primarily undeveloped bushland, the Bamarang Nature Reserve and/or land

owned by the Nowra Local Aboriginal Land Council is located to the south-west. The closest residential

property is located approximately 700 m south of the site and another is located approximately 900 m

to the north-east. The Shoalhaven Campus of the University of Wollongong is located approximately

1.3 km to the south-east.

Flatrock Road is a dead-end road which commences at the intersection of Yalwal Road and terminates

just after the site at the West Nowra Landfill.

1.2 Approval history

On 25 August 2016, development consent was granted by the then Executive Director, Key Sites and

Industry Assessments, for the development of the West Nowra RRF. The development consent permits

the following:

Concept proposal for a RRF designed to process up to 130,000 tonnes of waste per annum

Stage 1 works consisting of demolition of existing buildings, clearing of land, site grading,

provision of basic infrastructure including offices and amenities, a new site entrance, site

access roads, detention basins, car parking and preparation of asset protection zones for

bushfire protection.

This is the first modification application in relation to the development. The Department understands

that works have not yet commenced on the site.

Stage 2 works, which includes the construction and operation of the RRF, are currently being assessed

by the Department under a separate SSD application (SSD-9887).


2 Proposed modification

2.1 Proposed Modification

The Applicant has lodged a modification application under section 4.55(1A) of the EP&A Act to modify

development consent SSD-7015. The modification is described in full in the Modification Report

included in Appendix A and is illustrated on Figure 3.

Appendix 3 of the development consent includes the following two mitigation measures for Stage 1

works:

Create a road reserve and relocate the existing facility gate to the south-east, along Flatrock

Road to the eastern boundary of the land. This will provide a static control function and

effectively improve line of sight for the vehicles using Flatrock Road.

The entry and exit vehicle speed limit to the facility to remain at the existing limit of 50km/hr.

The design requirements for the minimum sight distance will be considered in accordance with

the relevant ‘Guide to Road Design – Part 3: Geometric Design, Austroads’.

The modification seeks to amend the mitigation measures relating to the site access and speed limit

as follows:

delete the mitigation measure requiring the creation of a road reserve (and closure of the

described section of Flatrock Road) and relocation of the gate to the south-east

replace the mitigation measure that specifies the entry and exit vehicle speed limit to be 50km/h,

with the requirement for a temporary speed limit reduction to 40km/h during construction works.

The permanent speed limit will be updated pending a review by Transport for NSW (TfNSW),

the approval authority on this matter.

The existing site gate for the West Nowra Landfill will be retained in its existing location, and the

following roadworks will be undertaken as an alternate mitigation measure to improve road safety on

Flatrock Road:

apply for a permanent speed reduction on Flatrock Road, from the existing limit of 100km/h to

60km/h along the eastern boundary of the existing landfill. This application was made as part

of SSD-7187 (West Nowra Landfill Expansion), and is currently being reviewed by TfNSW

implement a temporary reduction of the Flatrock Road speed limit, adjacent to the landfill, to

40km/h during construction activities related to the development

investigate, detail and install

o line markings and road signage where appropriate in accordance with Austroads

o street lighting where appropriate.


Figure 3 | Proposed modification – roadworks and retention of existing gate

2.2 Applicant’s Justification for the Proposed Modification

The original approved development committed to several mitigation measures to address road safety

concerns raised by the nearby NPWS Office including the relocation of the site access gate and reduced

speed limit. The NPWS Depot driveway is approximately 20 m from the new gate location. However,

after undertaking detailed design and undergoing consultation with DPIE Crown Lands, the Applicant

identified the need for the modification for the following reasons:

DPIE Crown Lands provided advice that the creation of the road reserve and closure of the

described section of Flatrock Road does not meet the legislative requirements of the Roads

Act 1993, therefore the creation of the road reserve to relocate the gate to the south-east is not

possible

independent engineering advice, found the gate relocation would present road safety issues,

including inadequate sight distances and queuing of vehicles in the proximity of neighbouring

access driveways

Transport for NSW is currently reviewing the speed limit of Flatrock Road as part of SSD-7187

(West Nowra Landfill Expansion), therefore this review should supersede the requirement for

a 50km/h speed limit.


3 Statutory context

3.1 Scope of Modifications

The Department has reviewed the scope of the modification application and considers the application

can be characterised as a modification involving minimal environmental impacts as the proposal:

would not increase the environmental impacts of the development as approved

the primary function and purpose of the approved development would not change as a result

of the proposed modification

any potential environmental impacts would be minimal and appropriately managed through

the existing or modified conditions of consent

the modification is of a scale that warrants the use of section 4.55(1A) of the EP&A Act

is substantially the same development as originally approved

would not involve any further disturbance outside the already approved disturbance areas for

the development.

Therefore, the Department is satisfied the proposed modification is within the scope of section 4.55(1A)

of the EP&A Act and does not constitute a new development application. Accordingly, the Department

considers that the application should be assessed and determined under section 4.55(1A) of the EP&A

Act rather than requiring a new development application to be lodged.

3.2 Consent Authority

The Minister for Planning and Public Spaces (Minister) is the consent authority for the application under

section 4.5(a) of the EP&A Act. Under the Minister’s delegation of 26 April 2021, the Team Leader,

Industry Assessments, may determine the application under delegation as:

the application has not been made by a person who has disclosed a reportable political

donation under section 10.4 of the EP&A Act

there are no public submissions in the nature of objections, and

Shoalhaven City Council (Council) has not made a submission by way of objection under the

mandatory requirements for community participation listed under Schedule 1 of the EP&A

Act.

3.3 Mandatory Matters for Consideration

The Department undertook a comprehensive assessment of the application against the mandatory

matters for consideration as part of the original assessment of SSD-7015. This modification application

does not result in significant changes that would alter the Department’s consideration of the mandatory

matters for consideration under section 4.15(1) of the EP&A Act and conclusions made as part of the

original assessment.


3.4 Biodiversity Conservation Act 2016

Clause 30A(2)(c) of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 specifies

that if the determining authority is satisfied a modification will not increase the impact on biodiversity

values, a biodiversity development assessment report (BDAR) is not required.

The Department is satisfied that there will be no additional clearing of native vegetation or habitat loss

beyond that previously assessed and considered under SSD-7015.

For the reasons discussed above, the Department’s assessment concludes a BDAR is not necessary

for the proposed modification.


4 Engagement

4.1 Department’s Engagement

Clause 117(4) of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation)

requires a section 4.55(1A) modification application to be notified or advertised if specified by a

community participation plan. The Department’s Community Participation Plan notes the exhibition

requirements for such modifications are discretionary, and based on the urgency, scale and nature of

the proposal.

Given the proposed changes would result in minimal environmental impacts, the application was not

notified or advertised. However, it was made publicly available on the Department’s website on 27

September 2021, and was referred to Council’s City Development Team, TfNSW, Crown Lands and

NPWS for comment.

4.2 Government Advice

TfNSW did not object, and had no further comments.

Council’s City Development Team did not object and had no concerns regarding the modification. They

requested that a condition be included that required the speed reduction to be finalised prior to approval

of a Construction Certificate or commencement of works.

NPWS proposed that the Applicant construct additional turning and merging lanes to improve road

safety for vehicles entering and exiting the NPWS Depot.

Crown Lands supported the modification and had no additional comments.

The Department issued a Request for Information (RFI) to the Applicant on 12 October 2021, to clarify:

the nature and extent of vegetation clearing required as part of the proposed roadworks as

detailed in the modification report

whether the driveways were to remain located according to the existing approved plans under

SSD-7015.

4.3 Response to Government Advice

In response to the request from NPWS to construct additional lanes for road safety, the Applicant

informed NPWS this is unfeasible due to the width of the current road reserve. The Applicant advised

the proposed mitigation measures, including the decreased speed limit and line markings will

satisfactorily address the road safety concerns regarding the entry to the NPWS Depot.

In response, NPWS raised no further comments or concerns.

4.4 Response to the Department’s Request for Information

In response to the RFI, the Applicant confirmed only weed species in the road reserve and an existing

swale drain that impact on sight lines would be removed. The biodiversity corridor, established under

SSD-7187 along the eastern boundary of the West Nowra Landfill site. would be protected in

accordance with the conditions of consent for SSD-7187. No native vegetation will be cleared.


The Applicant also clarified the locations of the two driveways will remain the same as that approved

under the original SSD. An additional driveway in the south-western corner of the site for emergency

vehicles is being assessed under the development application for Stage 2 works (SSD 9887).


5 Assessment

The Department has assessed the merits of the proposed modification. During this assessment, the

Department has considered the:

the modification report and Response to RFI provided to support the proposed modification (see

Appendix A)

the documentation and Department’s assessment report for the original development application

(see Appendix A)

advice from State government authorities (Appendix A)

relevant environmental planning instruments, policies and guidelines

requirements of the EP&A Act, including the objects of the EP&A Act.

The Department considers the key assessment issue is traffic and road safety. The Department’s

assessment of other issues is provided in Table 1.

5.1 Traffic and Road Safety The site is accessed from Flatrock Road, which is a 1.2 km long road with an existing speed limit of

100km/h. The road provides access to driveways of several residential and government operated

properties, including the West Nowra Recycling and Waste Facility and the NPWS Nowra Area Office

and Depot. As such, the road is subject to high heavy vehicle usage and road safety is a concern. As

the modification involves the deletion of mitigation measures that were required as part of the approved

development to address road safety issues raised by NPWS, there is the potential for road safety

impacts as a result of the modification.

The mitigation measures in the existing consent aimed to address road safety concerns on Flatrock

Road, particularly in relation to site access to the NPWS Depot, given the proximity of the NPWS

driveway (located approximately 20 m from the new site access). These mitigation measures included

the creation of a road reserve on the northern section of Flatrock Road, relocation of the existing site

access gate to the start of the new road reserve and retaining the entry and exit vehicle speed limit at

50 km/h, as depicted in Figure 4 below.


Figure 4 | Location of road reserve and relocation of site access gate, as originally proposed in SSD-7015

Applicant’s Assessment

The Applicant seeks to delete the measure relating to the creation of the road reserve, and amend the

measure relating to the vehicle speed limit due to further government advice received during detailed

design.

The Applicant consulted with Crown Lands, who advised the creation of a road reserve on Flatrock

Road was unfeasible as it did not meet the following legislative requirements as stated in Section 38A

(b) and (c) of the Roads Act 1993:

Section 38A (b) states that Council may only close a road when the road is not required to

provide continuity for an existing road network. Relocating the gate would not provide any

benefit, and may increase traffic using the NPWS driveway as a turning circle.

Section 38A (c) states that Council may only close a road if another public road provides lawful

and reasonably practicable vehicular access to that land. The general public are still required

to use Flatrock Road to gain access to the waste facility and RRF, therefore the proposed road

closure does not satisfy Section 38A (c).

Additionally, the Applicant found the mitigation measure relating to the speed limit was an error, as the

current speed limit on Flatrock Road is 100 km/h and not 50 km/h as suggested in the mitigation

measure. The Applicant sought independent engineering advice to determine the most effective

alternate mitigation measures to increase road safety on Flatrock Road. This engineering advice was

provided to support the modification application.

The engineering advice determined that the relocation of the gate would lead to adverse road safety

impacts as it would potentially lead to queuing of vehicles outside the new site gate, which would block

the entrance to the NPWS Depot. The engineering advice also provided support for the review of the

speed limit to 60 km/h. It was advised that due to the length of Flatrock Road (approximately 1.2 km),


60 km/h is an appropriate speed limit as the road satisfies the desirable minimum length as set out by

the NSW Speed Zoning Guidelines. Additionally, given the road is used by a high number of heavy

vehicles, this reduced speed limit would adequately balance mobility and safety, and would effectively

address the issue of reduced sight lines to vehicles queued around the left hand bend whilst waiting to

enter the existing West Nowra Recycling and Waste Facility and the RRF.

In accordance with the requirements of the conditions of SSD-7187 (West Nowra Landfill Expansion),

the Applicant has requested TfNSW undertake a speed limit review for Flatrock Road to apply a

permanent speed reduction to 60km/h. This speed limit review is currently being assessed by TfNSW.

In lieu of the original mitigation measures and in order to improve road safety on Flatrock road, the

Applicant provided alternative design mitigation measures developed in accordance with engineering

advice. These mitigation measures were developed considering Austroads – Guide to Road Design

Part 3 – Geometric Design (AGRD03) and other relevant guidelines, and the Applicant confirmed they

comply with relevant sight distance requirements, subject to minor vegetation clearing and ongoing

management of vegetation in sight envelopes. These mitigation measures include:

applying to TfNSW for a permanent speed reduction from 100 km/h to 60 km/h

a temporary reduction of the Flatrock Road speed limit adjacent to the landfill to 40 km/h during

construction activities

pavement marking and delineation

pavement widening to provide sealed shoulders and lane widening

signage and street lighting.

The Applicant has updated the list of management and mitigation measures for Stage 1 works to include

the new measures listed above.

Government Authority Advice

TfNSW provided no comments regarding the modification. The Department notes that TfNSW is the

relevant approval authority for speed limit reductions, and they are currently reviewing the speed limit

for Flatrock Road under SSD-7187.

NPWS initially requested the Applicant construct additional turning and merging lanes to improve road

safety for vehicles entering and exiting the NPWS Depot. This was determined by the Applicant to be

unfeasible due to the width of the road reserve. NPWS noted this, and raised no further concerns.

Council is the Applicant for this modification, however Council’s City Development Team which was

not involved in the preparation of the modification application, provided independent and objective

advice relating to the modification. Council’s City Development Team requested that a condition be

included to ensure that the speed reduction occurs prior to approval of a Construction Certificate or

commencement of works. The Applicant has proposed a mitigation measure to apply a temporary

speed limit reduction to 40 km/h on Flatrock Road adjacent to the site, during construction activities

related to the development. This mitigation measure will appropriately address this issue.

Department’s Assessment

The Department is satisfied that the additional mitigation measures proposed by the Applicant are

sufficient to improve road safety on Flatrock Road, and will ensure the safety of the entrance to the


NPWS Depot. The Department concurs with the Applicant’s assessment which found the creation of

the road reserve and relocation of the gate is unfeasible and is satisfied the alternative design and

mitigation measures relating to roadworks will effectively address road safety concerns. Additionally,

the temporary reduction of the speed limit to 40 km/h adjacent to the site during construction works

will effectively mitigate road safety concerns prior to the finalisation of the permanent speed limit

review by TfNSW.

The Department supports the updated mitigation measures, and recommends that Appendix 3 of the

development consent be updated to include the updated mitigation measures relating to the

roadworks, temporary speed limit and site access.

Conclusion

The Department concludes that the removal of the mitigation measure requiring the relocation of the

gate and creation of the road reserve will not result in any adverse traffic and road safety impacts.

The Department’s assessment concludes that the proposed modification will ensure road safety on

Flatrock Road, subject to the implementation of the existing conditions of consent and recommended

changes to the mitigation measures in Appendix 3.

5.2 Other Issues

Table 1 | Assessment of Other Issues

Issue Findings Recommendations

Vegetation

Clearing

The road works proposed as part of the alternate mitigation measures will necessitate a small amount of vegetation clearing in the road reserve on the south-eastern side of Flatrock Road

The Department requested further information regarding the nature and extent of vegetation clearing required for the road works.

The Applicant clarified that clearing is limited to weed species in the road reserve and existing swale drain. No native vegetation will be cleared.

The Applicant also stated that a biodiversity corridor exists along the boundary of the West Nowra Landfill established by SSD 7187. Therefore, all other vegetation is to remain as part of this biodiversity corridor, and remain subject to the conditions of SSD 7187 which require protection of the corridor for the life of the development.

The biodiversity corridor on the site of the West Nowra Landfill will not be affected by the proposed clearing of the road reserve.

The Department’s assessment concludes that the vegetation clearing is required to improve road safety and that it will have

No additional conditions are

required


Issue Findings Recommendations

no biodiversity impacts on the biodiversity corridor that forms part of the West Nowra Landfill. The vegetation clearing is confined to non-native vegetation within the road reserve.

Vehicle

Access

The Department requested further information regarding the location of the driveways into the site

The Applicant clarified that the locations of the driveways will remain the same as that approved under the original SSD. However, an additional driveway for emergency vehicles is being contemplated in the south-western corner of the site under the development application for Stage 2 works (SSD 9887). This additional driveway is not being contemplated as part of this modification.

No additional conditions are

required


6 Evaluation

The Department has assessed the proposed modification in accordance with the relevant requirements

of the EP&A Act. The Department considers the proposed modification is appropriate on the basis that:

the proposed modification will result in minimal environmental impacts beyond the approved facility

the proposed additional mitigation measures will improve road safety on Flatrock Road

The Department is satisfied that the modification should be approved, subject to conditions.


7 Recommendation

It is recommended that the Team Leader, as delegate of the Minister:

considers the findings and recommendations of this report

determines that the application SSD-7015-Mod-1 falls within the scope of section 4.55(1A) of

the EP&A Act

forms the opinion under clause 30A(2)(c) of the Biodiversity Conservation (Savings and

Transitional) Regulation 2017 that a BDAR is not required to be submitted with this application

as the application will not increase the impact on biodiversity values on the site

accepts and adopts all of the findings and recommendations in this report as the reasons for

making the decision to approve the modification

modify the consent SSD-7015

signs the attached approval of the modification (Appendix B)

Recommended by:

2 November 2021

Zoe Halpin

Para Planner

Industry Assessments


8 Determination

The recommendation is Adopted by:

2 November 2021

William Hodgkinson

Team Leader

Industry Assessments

as delegate of the Minister for Planning and Public Spaces


Appendices

Appendix A – List of Documents

The Department has relied upon the following key documents during its assessment of the proposed

development:

Modification Application

‘Modification Application for West Nowra, Resource Recovery Facility SSD 7015’, prepared

by Shoalhaven City Council dated August 2021 -

https://www.planningportal.nsw.gov.au/major-projects/project/42701

Submissions and Advice


Response to Department’s Request for Information

‘Modification Application for West Nowra, Resource Recovery Facility SSD 7015 RFI

Response RFI-29647172, prepared by Shoalhaven City Council dated October 2021 -


Department’s Assessment Report for SSD-7015


Appendix B – Modifying Instrument

The modifying instrument for SSD-7015-Mod-1 may be found on the Department’s website at:


Appendix C – Consolidated Consent

The consolidated consent for SSD-7015-Mod-1 may be found on the Department’s website at:
