Following concerns raised by the Mayor, …

Following concerns raised by the Mayor, Councillors and residents, Council's CEO requested a thorough review of the activities being undertaken on community land at Sportsground Parade Appin for the installation of a sewer line to service a new development; including the process followed to grant the licence and any potential risk to community safety.

The review has now been completed, and has identified that there was no risk to community safety from the works and that due process was followed in granting the licence, although improvements for future licences are recommended.

Council can assure residents that Sydney Water has a short-term license for use of the site which requires the contractor to comply with all laws for use of the site and return it to its original condition once the works are complete. The process undertaken to grant the licence complies with the local government regulations and the land is able to be used for this purpose in line with the Plan of Management.

Historically, this was a stockpile site sometimes used to store road construction materials, which may have attracted some illegal dumping. Council commissioned an independent site contamination assessment in 2014 which identified some minor contamination on the site, including evidence of non-friable asbestos in two locations toward the back of the site. It was found that there was no evidence of widespread contamination on the site.

In response to the recent community concerns, Council requested that contractors cease work on the site and a review was carried out. This review has confirmed that the contamination is outside the area that is licensed for use by the contractor and has not been disturbed by the sewer installation.

It is noted that no public notification or advertising of the Sydney Water Licence was required under Clause 117(1)(b) of the Local Government (General) Regulation 2021 as the licence is for a use that is permitted under the Plan of Management. However, Council acknowledges that given the community sentiment around the site this would have been helpful. In response to the review at Sportsground Parade, Council will incorporate an additional step into its processes requiring high-level risk assessment for assessing future licences, and will seek to identify other land holdings that have historical contamination issues.

Whilst there is no apparent risk to the community, out of an abundance of caution access to the areas where the non-friable asbestos was identified in 2014 will be further restricted. Council is also engaging external advice to determine an estimated cost and provide an action plan to ensure the site is suitable for recreational use in the future.

Council appreciates the community raising its concerns in relation to the site. The review report is available on request.