THE demolition of a cottage at 140 Gan Gan Road, which included the removal of one of the largest trees in the street, was completed without proper approval, Council have confirmed.

On Monday 12 December, a Port Stephens Council spokesperson advised News Of The Area that Council’s Compliance team attended the Gan Gan Road site the week prior, but by that time the home had already been demolished.

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According to Council’s website, you need a Development Application (DA) to knock down a structure that would have required a DA to build.

Given the age of the home, concerns were held about the amount of asbestos contained within the dwelling.

“From our subsequent conversations with the contractor, it’s understood that the home contained very little asbestos, and was not required to be reported to Safe Work,” the spokesperson said.

Contractors/homeowners can remove up to 10m2 of Friable Asbestos without approval.

“At request of the investigating officer, a site fence has been installed at the site to prevent public access.”

An investigation as to why the home was demolished without approval is ongoing, and Council staff advise that the property owner is cooperating with Council compliance staff on this matter.

Why do I need a DA?

According to Port Stephens Council, “A development consent permits a new building that will change our environment, and may affect our amenity or the amenity of those around us.”

A DA is required to:
1. Manage change to ensure that the cumulative impacts of developments do not negatively affect the environment.

2. Balance public and private interests by ensuring new development fits the character of the area and sits comfortably within the ‘public domain’ (e.g. streets, laneways or public reserves).

3. Provide an impartial process which allows interested members of the community to raise issues, to ensure a balanced and considered outcome for all.

4. Ensure that the hard infrastructure (e.g. stormwater drainage, car parking and power supply) and soft infrastructure (e.g. trees and landscaping) needed for your development is provided.

5. Ensure that your building is structurally safe, protected from fire and has appropriate access to sunlight and ventilation.

Asbestos Concerns

In Australia, asbestos cement materials were first manufactured in the 1920’s.

These were commonly used in the manufacture of residential and commercial building materials from the mid-1940’s until the late 1980’s.

During the 1980’s, asbestos cement materials were phased out in favour of asbestos-free products
Australia banned the use and import of blue asbestos, brown asbestos and asbestos-containing products in the mid-1980s.

The manufacture and import of white asbestos products was banned in December 2003.

From 31 December 2003, the total ban on manufacture, supply, use, reuse, import, transport, storage and sale of all forms of asbestos came into force.

Asbestos causes lung disease and deadly cancer, Mesothelioma, for which there is no cure.

Most buildings in Australia built before 1981 have asbestos used in their construction.

“For DA’s where asbestos is likely to be encountered during works or demolition, Council would impose conditions on the DA requiring a Hazardous Building Materials Report (HBMR) be prepared prior to the works occurring,” a Council spokesperson told News Of The Area.

“The HBMR will identify any asbestos containing material within the building and provide recommendations for its safe removal in accordance with the requirements of Safe Work NSW.

“A condition would also be included requiring that the asbestos waste be disposed of at an appropriately licenced waste facility,” they said.

By Marian SAMPSON