A HOME industry operating out of a garage on Billywillinga Road has been shut down by Bathurst Regional Council for not complying with planning rules.
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Council had received a development application from the owners of 379 Billywillinga Road seeking to use an existing shed for the manufacture water tanks.
Council had previously granted conditional approval for the tanks to be manufactured on-site, but a report to councillors by acting environmental, planning and building services director Richard Denyer that approval lapsed in August 2011.
“The development has operated without formal consent since August 2011, being the date when the previous consetn lapsed,” the report stated.
“The operations have been the subject of a series of resident complaints regarding its operations, the culmination of which has resulted in the lodgement of the current development application.”
The new DA sought to have the tanks manufacture defined as “home industry” under council’s planning guideline, but said it did not meet the criteria.
Mr Denyer’s report said home industry was defined as one that employed no more than two and did not interfere with the amenity of the neighbourhood for reasons of “noise, vibration, smell, fumes, smoke, vapor, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise”.
Documents lodged by the applicant said the manufacture of rainwater tanks was done on a casual basis but never outside the hours of 7am to 5pm.
The documents said no more than two people were employed on-site at any time and “all waste is recycled during the manufacturing process”.
“This development will not result in air, noise or water pollution,” the statement of environmental effects said.
“There is no source for any of these hazards to occur.
“Any noise generated on site is considered ambient, low volume and without health risk.”
Despite those assurances, though, council staff recommended the DA be rejected as it would have an “adverse impact on the amenity of the neighbourhood”.
Councillors were told that staff had tried to arrange an inspection of the site put the applicant had not returned calls.
Councillors voted to reject the DA and shut down the operation. The applicant will be notified of the decision.