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One Evelyn Way

Victorian Civil and Administrative Tribunal (VCAT) approved the development of a 51-unit subdivision at 1 Evelyn Way, St. Helena.  The land was previously used for a mixture of rural, quarrying and residential purposes.    One of the quarries was allegedly illegally filled in during the 1970s.  As a result the  south west section of the site is contaminated with odorous waste.  This will require careful environmental management. Existing residences and open space abut the development site.

January 2009 Update

Environmental audit

As contamination was identified at the site, Banyule City Council required the developer to conduct an environmental audit to determine if the site was suitable for residential purposes.   It was during sampling associated with this audit process that highly odorous waste was discovered in the area of the former quarry.

The site has been divided by the Auditor into two areas, Lot A and Lot B.  Lot A is essentially that part of the premises which is not contaminated.  Lot B consists of the area that includes the landfilled quarry.

Lot A has already had an environmental audit conducted under Section 53Y of The Environment Protection Act 1970.  This environmental audit was competed in February 2008. The audit stated: “…the land at Lot A, 1 Evelyn Way, St Helena, Victoria on 6 February 2008 is considered suitable for any beneficial use of the land, including the proposed residential land use.”

The audit of Lot B is still being undertaken.  The audit for this part of the premises is expected to be completed by mid 2009.

Development

EPA has had discussions with the developer in recent months regarding the progress of work at the site.  The developer, now Massi Pty Ltd, has started some works on Lot A including the removal of some vegetation and the construction of a display home.

No residential development can commence in Lot B unless the audit finds that the area is suitable for that use.  The environmental consultants involved in the assessment of the site have yet to finalise their remediation plans.  These plans will need to be sound long term options and will need to satisfy the requirements of the environmental audit.

Environmental requirements

On 31 October 2008, EPA issued new Pollution Abatement Notices (PANs) on the owner, One Evelyn Pty Ltd and the developer, Massi Pty Ltd.  These PANs have introduced some more stringent requirements for the management of the premises.  The PANs require the owner and developer to:

  • Notify EPA regarding any works in the contaminated areas of the premises;
  • Develop an ongoing Environment Management Plan for the premises for the development and construction phases;
  • Notify EPA of any incidents, and
  • Develop an Odour Management Plan prior to any works on the contaminated areas of the premises.

EPA will be working closely with the owner and the developer to ensure that they comply with these requirements.  The Environment Protection Act 1970 provides significant penalties for any person that fails to comply with the requirements of a PAN.

Previous EPA actions

EPA became involved with the premises when excavation activities at the premises caused significant odour impacts to residents surrounding the premises in May 2007.

On 22 May 2007,  EPA issued a PAN  to the owners of the premises to prevent offensive odours from further impacting the local community. The key aspect of the notice was  an initial assessment of the possible sources of the odour at the premises.

On Friday 15 June 2007 Coffey Environments on behalf of Evelyn Way Pty. Ltd. submitted a report to EPA in accordance with the requirements of the PAN. This is a preliminary report designed to assist in the development of an odour management plan. The report contains analytical results from the soil samples taken on site on 16 May when offensive odours where discharged from the site.

Initial assessments have identified the presence of organic waste and hydrocarbons. On 6 February 2008 Peter J. Ramsay & Associates, the appointed auditor for this site, issued a certificate of environmental audit for Lot A of the premises.  On 29 September 2008 EPA officers conducted an inspection of the premises after a resident advised that earth moving equipment was being used at the  premises.  Upon arrival EPA confirmed that no earthworks were occurring and that the construction company was surveying the land in readiness for civil works of the display home in Lot A. On 6 October 2008 EPA were informed of future works on site including progress on the environmental audit of Lot B.

EPA’s role regarding the future of this site

EPA’s role is to ensure that the environment is protected during the planning, development and construction of the premises.  A particular focus is the management of contaminated waste identified at the premises including any odour impacts generated during excavation activities.

EPA will be monitoring the premises during the key development stages to ensure this.  This will involve discussions with environmental consultants, Council, the owner and developer of the premises and the community.  EPA will provide periodic updates on this website and report key EPA actions relating to the premises.

To assist EPA in the monitoring of activities at the premises, EPA would like the community to continue report ing any odour or pollution impacts.  To do this the community should contact EPA Pollution Watch Line on 9695 2777.

If the community would like to communicate any other aspects relating to the premises please contact EPA by email evelynway@epa.vic.gov.au.