GOONELLABAH development company Riordans Consulting Surveyors, have been fined $6000 for undertaking unlawful works relating to a subdivision approved by the Land and Environment Court in 2011.
The 75-lot Ubrihien Estate subdivision at 554 Ballina Rd was the subject of an appeal to the Land and Environment Court, and a number of amendments were made to the original development application to address numerous planning issues before the court granted consent.
Construction on the subdivision commenced in earlier this year, and a community complaint was received by Lismore City Council in June alleging the company was undertaking unlawful activities on site.
Council identified more than two hectares of unlawful work was done outside the area which was previously approved for subdivision work by the court, including:
- Construction of haulage roads;
- Clearing of vegetation;
- Removal and stockpiling of rocks;
- Construction of drainage lines;
- Construction of a large sediment pond; and
- Earthworks conducted over a council sewer trunk main.
Additional concerns were identified about the lack of adequate sediment and erosion controls within the approved work area.
Lismore City Council compliance coordinator, Matt Kelly, said the investigation results were assessed under the council's Enforcement Policy, which concluded that a number of offences had been committed against the provisions of the Environmental Planning and Assessment Act.
"As a result, the decision was made to issue the project manager responsible for the work, Riordans Consulting Surveyors Pty Ltd, with a penalty notice in the amount of $6000 for the offence of undertaking development without consent," he said.
Two formal cautions for other offences attracting fines totalling $6000 were also issued to the company in relation to the unlawful works.