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2023 December formal enforcements

Penalty Notices (3) and Official Cautions (2) issued to Acciona Ferrovial joint venture

(SSI-10038) Canada Bay LGA

On 11 December 2023, NSW Planning issued three $15,000 Penalty Notices and two Official Cautions to Acciona Ferrovial joint venture (AFJV) for failing to comply with conditions of the Sydney Metro West approval. AFJV was issued one Penalty Notice for not having the required noise mitigation measures in place before commencing out of hours cavern excavation at the Burwood North station construction site. AFJV was issued a further two Penalty Notices and one Official Caution for not having the noise and traffic mitigation measures described in their management plans in place during bulk excavation at the Five Dock West station construction site. AFJV was issued a further Official Caution for not publishing the required traffic management plan on their website. AFJV has revised its construction program to minimise further construction activities at the Five Dock West site.

Penalty Notice issued to Valmec Australia Pty Ltd

(SSD-11437498) Broken Hill City LGA

On 12 December 2023, NSW Planning issued a $15,000 Penalty Notice to Valmec Australia Pty Ltd for the clearing of approximately 1,311 m2 of Bluebush Shrubland outside the approved disturbance area at Broken Hill Battery Energy Storage System project. NSW Planning will continue to monitor compliance with conditions of consent.

Official Caution issued to Ryan Earthmoving Pty Ltd

(MP06_0143) Coffs Harbour City LGA

On 12 December 2023, NSW Planning issued an Official Caution to Ryan Earthmoving Pty Ltd (Ryan Earthmoving) for carrying out construction at the Glades Estate Residential Subdivision development at Moonee Beach on the Mid North Coast outside of the approved construction hours. On 11 August 2023, a NSW Planning officer observed construction occurring occur outside of the approved construction hours for the site. Ryan Earthmoving have since committed to re-training staff and ensuring compliance with construction hours for all future construction works. Adherence to approved construction hours is essential mitigating amenity impacts on surrounding receivers. NSW Planning will continue to monitor compliance the approved construction hours at the site.

Official Caution issued to Ryan Earthmoving Pty Ltd

(MP06_0143) Coffs Harbour City LGA

On 12 December 2023, NSW Planning issued an Official Caution to Ryan Earthmoving Pty Ltd (Ryan Earthmoving) for carrying out construction works at the Glades Estate Residential Subdivision development at Moonee Beach on the Mid North Coast without a stabilised site access consistent with the Construction Environmental Management Plan (the CEMP). Ryan Earthmoving have since constructed the stabilised site access in accordance with the CEMP. NSW Planning will continue to monitor the site access to ensure compliance for the duration of construction.

Official Caution issued to Crookwell Development Pty Ltd

(DA176-9-2004) Upper Lachlan Shire LGA

On 13 December 2023, NSW Planning issued an Official Caution to Crookwell Development Pty Ltd (Crookwell Development) for failing to comply with the approved Operational Flora and Fauna Management Plan (OFFMP) at the Crookwell 2 Wind Farm. Crookwell Development failed to submit the 2nd Annual Report on the implementation of the OFFMP and failed to consult with NSW Planning and the Office of the Environment and Heritage (OEH) regarding the need for additional Annual Reports. Crookwell Development have subsequently submitted the relevant report.

Official Caution issued to Taylor Construction Group Pty Ltd

(SSD-11869481) North Sydney LGA

On 15 December 2023, NSW Planning issued an Official Caution to Taylor Construction Group Pty Ltd (TGP) for carrying out construction at the Upgrade to North Sydney Public School (the project) outside of the approved hours of construction. On 21 December, TGP undertook construction (consisting of a concrete pour and finishing work) at the project until approximately 10pm. Compliance with approved hours of construction limits impacts to the amenity of surrounding receivers.

Official Caution issued to CPB Contractors Pty Limited

(SSI-8863) North Sydney LGA

On 20 December 2023, NSW Planning issued an Official Caution to CPB Contractors Pty Limited (CPB) for the Warringah Freeway Upgrade project in relation to heavy vehicles using local roads during July and August 2023 without the prior approval of the Planning Secretary. CPB have implemented additional educational measures to ensure heavy vehicle drivers do not use local roads where prior approval of the Planning Secretary has not been obtained.