Sparke, Chris...1 Sparke, Chris From: Sparke, Chris Sent: Tuesday, 3 May 2016 9:40 AM To: Adam Perry...

1

Sparke, Chris

From: Sparke, ChrisSent: Tuesday, 3 May 2016 9:40 AMTo: Adam PerryCc: Luchetti, ChristineSubject: Direct Sale of Land - Fyshwick Section 8 Block 11 to Somerset Rehabilitation Pty Ltd

Hi Adam Good news! The Minister has agreed to your direct sale request and now we just need to do a few things before I can issue a lease over the land. The Government’s conditions are as follows:

1. Somerset completes the purchase of Block 9 Section 8 Fyshwick; 2. Somerset confirms the land take, noting that some level of subdivision may not be acceptable tot he

Government; 3. Somerset acquires a Development Approval of similar size and scale to what you requested as part of your

application; 4. An easement for access being created to allow access by the owner of Block 13 Section 8 Fyshwick to the rail

tracks for future use; 5. The new lease, when granted be consolidated with the lease over Block 9 Section 8 Fyshwick; and 6. Somerset confirming that it is aware that the land could potentially be contaminated and is prepared to

accept the land in its current condition. The Government will finalise the survey of the land to facilitate the sale. You should be aware that the Government has agreed to sell the land to you at market value, which will be determined by valuation. Direct Sales policy is that once the survey of the land has been finalised to the Government’s satisfaction, three valuations will be acquired and the highest will be used to determine the sales price unless it is significantly higher than the other two, in which case a review will be undertaken. If you can advise when you expect to be in a position to lodge a Development Application for the site it would be appreciated. I am happy to discuss with you any aspect of the direct sale from this point on and will remain the contact officer on this project until the sale is completed. Regards Chris Sparke | Project Manager | Office of the Coordinator‐General, Project Facilitation and Direct Sales | Urban Renewal | Chief Minister, Treasury and Economic Development Directorate | ACT Government Phone: 02 6205 2404 Level 6 Transact House, 470 Northbourne Avenue, Dickson ACT 2602 GPO Box 158 Canberra ACT 2601 | www.economicdevelopment.act.gov.au

DS 2015 – 217 Somerset Rehabilitation Pty Ltd Attachment A Block 11 Section 8 Fyshwick

Attachment B

2015-217 - Direct Sale Application by Somerset Rehabilitation Pty Ltd Block 11 Section 8 Fyshwick

Planning and Development Act 2007

122 Direct sale criteria for leases of contiguous unleased land

other than public land—Act, s 240 (1) (b) (i)

(1) The criteria for the direct sale of a lease of unleased land other than public land (the proposed lease) to the lessee of a lease (the existing lease) that is contiguous with the proposed lease are that—

(a) the grant of the proposed lease will— (i) rectify an existing encroachment on the proposed lease by a building or structure on the existing lease for the purpose of consolidating the proposed and existing leases for subdivision under the Unit Titles Act 2001; or (ii) facilitate the achievement of a good planning outcome; and Response: The direct sale of the requested parcels will facilitate the achievement of a good planning outcome mentioned in (a) (ii) by allowing the development of a rail freight facility which will amongst other benefits, reduce the number of heavy goods vehicles travelling on public roads between Fyshwick and Kingston. The proposal also stands to provide a viable alternative to the Territory’s exporters which will be able to export products by rail, a cheaper, safer and more environmentally friendly method of transportation.

(b) the proposed use of the land is compatible with Territory or Commonwealth government policies applicable to the proposed use; and Response: The proposed development of a rail facility on industrial land, adjacent to the existing rail line is consistent with the Territory’s over arching policy to encourage economic development within the Territory. (c) because of the size, location or configuration of the proposed lease, it is not reasonable or viable to grant the proposed lease as a separate independent lease; and (d) the grant of the proposed lease— (i) will not detract from the amenity of the surrounding area; and (ii) will promote better land management; and (iii) will not unreasonably restrict public access to other land. Response: The parcel of land sought has an area of approximately 12,090m2,. However, the block is of a size and configuration that would prohibit a separate sale of an independent lease.

The proposed grant of a lease will not detract from the amenity of the surrounding area, unreasonably restrict public access to other land, and will promote a better land management solution for the surrounding land.

Planning and Development Act 2007

Development ApplicationApplication Number: 201630668

Before Starting

PLEASE NOTE: This wizard will time out if left inactive for a period of more than two hours, afterwhich time you will lose your application and be required to complete a new wizard. It isrecommended you save this session if it is to be left inactive for an extended period of time.

Please ensure that your screen is set to the highest resolution (e.g. 1280 by 1024 pixels) to ensureall content in the wizard is visible.

Type of Application

The type of application you are applying for is a New Application

Are you applying for a:

Development Application

Has a pre-application meeting been held in relation to this proposal?

No

Lease/Site Details

Site Number: 1

If your rural property is identified by a Block/Section/Suburb, please select the "Urban" radiobutton.

Urban

Street Address

FYSHWICK

Suburb

FYSHWICK

Section

8

Block Number

11

Unit Number

Applicant Details

What type of applicant are you:

Business

Page 1 of 13

Development Application Created on 02/15/2017 12:30:02

Email

[email protected]

Phone Number

62571511

Fax Number Mobile Number

Suburb

BRADDON

State/Territory

ACT

Postcode

2612

Country

Australia

Postal Address 3

Postal Address 1

Unit 4

Postal Address 2

1-3 Torrens St

Salutation

None

First Name

Sue

Surname

Cutler

Company Name

Purdon Planning Pty Ltd

Position held / Title

Office Manager

ACN or ABN

14659841354

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a:

Organisation or Government entity

Email

[email protected]

Phone Number

243382

Fax Number Mobile Number

Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 158

Postal Address 2

Salutation

Ms

First Name

Julie

Surname

Garbode

Company Name

TAMS Municipal

Position held / Title

Australian Business Number (ABN)

37307569373

Notice of Decision and Plans

Page 2 of 13


Please specify the delivery method for the return of plans. Unless otherwise specified, your Noticeof Decision and/or plans will be returned via email.

Email

Are you applying for an Estate Development Plan OR Home Business?

No

Zone

Please specify which zone applies to this application (please select one zone only). Please clickhere to access ACTMAPi and locate the zone.

IZ2 Mixed use industrial zone

If more than one zone is applicable to your application, please specify them below:

Development/Precinct Code

Please specify which development code applies to this application.

Industrial Zones Development Code

Please specify all relevant precinct code/s applied to your proposal

Fully Describe Your Proposal

Please provide a full description of your proposal (Note: This must accurately describe allaspects of your proposal and include any lease changes being applied for.)Purdon Planning are lodging this application on behalf of Capital Recycling Solutions. As shown in the report, CRS

are proposing a new site to accept heavy rail deliveries as recent subsidence of the Kingston platform has curtailed

rail transport into Canberra. Through an agreement with John Holland Rail, CRS propose to build a new heavy rail

siding on the subject site (B11 S8 Fyshwick). CRS currently own Block 9 Section 8.

Block 11 Section 8 Fyshwick is currently the subject of a Direct Sale application by CRS, which has been approved by

the minister. The purchase has a number of conditions, including having a DA approved on the site for construction

prior to granting of the lease. This application is the first step in a response to advice from ACTPLA as follows:

1.DA assessment and approval for works on Block 11 Section 8

2.Finalise Purchase of Block 11 Section 8

3.Consolidate Block 11 Section 8 with Block 9 Section 8 Fyshwick as part of second DA (it is understood that the

consolidation with Block 9 cannot be assessed until a lease is granted)

4.Commit to licensing arrangement with John Holland Rail for construction of rail siding across Block 11 Section 8 and

Block 11 Section 47 Fyshwick.

5.Submit third DA for construction of rail siding on behalf of JHR/CRS (pending licensing arrangement)

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http://www.actpla.act.gov.au/__data/assets/pdf_file/0019/6382/EDP_Guidelines_-_May_2009.pdfhttp://www.actmapi.act.gov.au/

As stated above, this is step one in the process. It is understood that the proponent will have 12 months from the

finalisation of the Direct Sale to consolidate the blocks.

Please contact Chris Sparke of CMTEDD for information on the Direct Sale. Correspondence with Chris Sparke is

included in this submission.

Proposed Use of the Land

Describe the use of the development. Example: Office, childcare facility, gymnasium. (Note:Please refer to the Territory Plan definitions for land use definitions. Please also consider what ispermitted under any Crown Lease for the site.)Rail siding

Is the proposed use consistent with the current Crown lease?

Yes

Assessment Track

Please indicate which assessment track applies to this Development Application: (If you are notsure which assessment track applies, please contact Environment and Planning Directorate on(02)62071923)

Merit

Has an Environmental Significance Opinion been sought for this proposal?

No

For more information about which track your development application will be assessed in, pleaseclick here. Please note, the Environment and Planning Directorate may refuse to accept adevelopment application made in an incorrect assessment track. If the Environment and PlanningDirectorate assesses an application made in the incorrect assessment track it must refuse theapplication (S.114 (3)).

Type of Development

Please indicate which type of development applies to this development application.

Non-Residential (including Commercial and Industrial)

Lease Variation

Does this proposal involve a variation to a Units Plan?

No

Please select a Lease Variation sub type:

Consolidation

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http://www.actpla.act.gov.au/topics/design_build/da_assessment/which_track_will_by_da_be_assessed_incode,_merit_or_impacthttp://www.actpla.act.gov.au/topics/design_build/begin_project/change_lease

Nominating Remission

Are you seeking remission under the Planning and Development (Remission of Lease VariationCharges - Economic Stimulus and Sustainability) Determination 2014 (No 1) (DI-2014-48)?

No

Non-Residential

Please select a Non-Residential sub type:

New building

Gross Floor Area (GFA) and Cost of Works

Please ensure that all values contain a decimal point followed by two digits

Gross Floor Area Calculation

A - Gross Floor Area (existing) (m2)

0.00

B - Gross Floor Area to be demolished (m2)

0.00

C - Gross Floor Area to be added (m2)

0.00

D - Total Gross Floor Area of development (A-B+C)(m2)

0

E - COST OF WORKS ($)

0.00

Other Area Calculation (not already included in the areas provided above)

F - Area of other BCA Class 10 structures included in this application(e.g. metal carport, pergola, deck, verandah) (m2)

2500.00

G - Parking areas – undercover

0.00

H - COST OF WORKS (F & G) ($)

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250000.00

Cost of Associated Works

I - Cost of all associated works such as landscaping ($)

0.00

J - Cost of all public works and/or off site works ($)

0.00

K - TOTAL COST OF WORKS (E+H+I+J)

250000

*Cost of works MUST be calculated in accordance with the current version of Building (General)(Cost of Building Work) Determination OR a summary of costs from a bill of quantities prepared bya quantity surveyor supplied with application. A summary of costs from a bill of quantities MAYbe requested for proposals where cost of work is between $0 and $10 million. A summary ofcosts from a bill of quantities MUST be provided for proposals where cost of work is over $10million.

Demolition, Trees

Demolition

Is the Demolition item relevant to your proposal?

No

Trees

Is the Trees item relevant to your proposal?

Yes

Have you provided Entity Endorsement?

No

Have you provided required documentation for referral to Entity?

Yes

Heritage

Heritage

Is the Heritage item relevant to your proposal?

No

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http://www.legislation.act.gov.au/ni/2014-193/default.asphttp://www.legislation.act.gov.au/ni/2014-193/default.asphttp://www.actpla.act.gov.au/topics/design_build/da_assessment/exempt_work/process/demolitionhttp://www.planning.act.gov.au/topics/design_build/lodging/entity_referralhttp://www.planning.act.gov.au/topics/design_build/design-and-siting/heritage

Hazardous Materials, Contamination, Erosion and Sediment Control

Hazardous Material

Is the Hazardous Materials item relevant to your proposal?

No

Contamination

Is the Contamination item relevant to your proposal?

No

Erosion and Sediment Control (for sites less than 0.3 of a hectare)

Is the Erosion and Sediment Control (for sites less than 0.3 of a hectare) item relevant to yourproposal?

No

For works such as class 10 structures, additions and alterations, and backyard swimming pools - anote on the plan that "the development will comply with the ACT Environment Protection Authority,Environment Protection Guidelines for Construction and Land Development in the ACT" isrequired. In circumstances where there is a reasonable risk that soil from the required earth worksin the front of the block will impact on the stormwater system because the block slopes towardsthe street a separate Erosion & Sediment Control Plan will be required

Erosion and Sediment Control (for sites greater than 0.3 of a hectare)

Is the Erosion and Sediment Control (for sites greater than 0.3 of a hectare) item relevant to yourproposal?

No

Waste Management, Noise

Waste Management for waste facilities and management

Is the Waste Management (for waste facilities) item relevant to your proposal?

No

Waste Management for liquid trade waste

Is the Waste Management (for liquid trade waste) item relevant to your proposal?

No

Noise

Is the Noise Management item relevant to your proposal?

No

Servicing & Site Management, Utilities

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http://www.environment.act.gov.au/environment/environment_for_business_and_industry/wastemanagementandhazardousmaterialshttp://www.environment.act.gov.au/environment/environment_for_business_and_industry/contaminatedsiteshttp://www.environment.act.gov.au/environment/environment_for_business_and_industry/wastemanagementandhazardousmaterialshttp://www.environment.act.gov.au/environment/environment_for_business_and_industry/wastemanagementandhazardousmaterials

Servicing and Site Management

Is the Servicing and Site Management item relevant to your proposal?

No

Utilities

Is the Utilities item relevant to your proposal?

Yes

Please tick the relevant entities

Water

Stormwater

Have you provided Entity Endorsement?

No

Have you provided required documentation for referral to Entity?

Yes

Subdivision, National Capital Plan, Crime Prevention, Access & Mobility

Subdivision (other than residential zones)

Is the Subdivision (other than residential zones) item relevant to your proposal?

No

National Capital Plan

Is the National Capital Plan item relevant to your proposal?

No

Crime Prevention through Environmental Design

Is the Crime Prevention item relevant to your proposal?

No

Access and Mobility

Is the Access and Mobility item relevant to your proposal?

No

Site Access, Parking, Landscape, Lighting

Site Access

Is the Site Access item relevant to your proposal?

No

Landscape

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http://www.actpla.act.gov.au/topics/design_build/manage_construction/utility_technical_regulationhttp://www.planning.act.gov.au/topics/design_build/lodging/entity_referralhttp://www.nationalcapital.gov.au/index.php?option=com_content&view=article&id=372&Itemid=260http://www.planning.act.gov.au/topics/design_build/design-and-siting/crime_preventionhttp://www.legislation.act.gov.au/ni/2008-27/copy/64925/pdf/2008-27.pdf

Is the Landscape item relevant to your proposal?

No

Lighting

Is the Lighting item relevant to your proposal?

No

Signs, Water Sensitive Urban Design

Signs

Is the Signs item relevant to your proposal?

No

Water Sensitive Urban Design (Mains Water Consumption)

Is the Water Sensitive Urban Design (Mains Water Consumption) item relevant to your proposal?

No

Water Sensitive Urban Design (Stormwater Quality)

Is the Water Sensitive Urban Design (Stormwater Quality) item relevant to your proposal?

No

Water Sensitive Urban Design

Water Sensitive Urban Design (Stormwater Quantity)

Is the Water Sensitive Urban Design (Stormwater Quantity) item relevant to your application?

No

Driveways (For works on verge only)

PLEASE NOTE: For proposals that include construction or modification of a driveway thisapplication MUST be signed by the land custodian (Government Land Custodian - AssetAcceptance) as the works will be undertaken on unleased land EXCEPT FOR DUALOCCUPANCY DEVELOPMENT PROPOSALS. For more information on driveways, garages andcarports, please click here.

Does your proposal include construction or modification of driveway/s?

No

Survey Requirements - S.139(2)(l) - P & D Act 2007

If this application is for approval of a development that requires construction work to be carried out

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http://www.actpla.act.gov.au/topics/design_build/da_assessment/landscapehttp://www.standards.org.au/http://www.legislation.act.gov.au/ni/2008-27/copy/56699/pdf/2008-27.pdfhttp://www.actpla.act.gov.au/topics/design_build/da_assessment/driveways_outbuildings

on land that has previously been developed and is not leased for rural purposes, a surveycertificate for the land where the development is to be carried out (prepared and signed by aregistered surveyor) must accompany this application unless exempt by Regulation 25 of thePlanning and Development Regulations 2008

Do you have a survey certificate with this application?

Not Relevant

Development Undertaken Without Approval - S.205 - P & D Act 2007

Is this application for development undertaken without approval?

No

If YES - Under Section 139(2)(m) of the Planning and Development Act 2007,plans of thedevelopment signed by a registered surveyor confirming the location and dimensions of thedevelopment must be submitted with this application. The plans need to confirm the height, widthand length dimensions of the development and the setback dimensions of the development fromthe block boundaries. The information may be provided on one plan or on a series of plansprovided each plan is signed by a registered surveyor. Note: For all unapproved developmentinvolving construction the location and nature of earthworks, utility connections, proposedbuildings, pavements and landscape features must comply with utility standards, accessprovisions and asset clearance zones. For more information on development exempt fromapproval, please click here. For more information on development applications for developmentsundertaken without approval, please refer to S205 under the Planning and Development Act 2007

Exclusion from Public Inspection

In accordance with the requirements of Sections 28 and 30 of the Planning and Development Act2007, the Environment and Planning Directorate must make the details and associated documentsrelevant to a development application available for public inspection.

If you wish to apply to have all or part of this development application excluded from publicinspection, you must meet the requirements of Section 411(5) or 412(1) of the Planning andDevelopment Act 2007

Are you requesting an exclusion from Public Inspection?

No

Conflict of Interest Declaration

Does the applicant or the lessee have any association with the Environment and PlanningDirectorate staff?

No

NOTE: There are penalties for deliberately giving false and misleading information. The Planningand Land Authority or Minister may revoke an approval if satisfied that the approval was obtained

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http://www.legislation.act.gov.au/sl/2008-2/default.asphttp://www.planning.act.gov.au/topics/design_build/design-and-siting/surveyinghttp://www.actpla.act.gov.au/topics/design_build/da_assessment/exempt_workhttp://www.legislation.act.gov.au/a/2007-24/default.asphttp://www.legislation.act.gov.au/a/2007-24/default.asphttp://www.legislation.act.gov.au/a/2007-24/default.asphttp://www.planning.act.gov.au/topics/your_say/comment/pubnote

by fraud or misrepresentation

Applicant/Lessee Declaration

I/we hereby apply for approval to carry out the development described on the land specified in thisapplication;

I/we declare that this application is accompanied by all of the required information or documentsthat address the relevant rules and/or relevant criteria for it to be considered for approval;

I/we understand that the information submitted with this application form will undergo adocumentation check prior to the payment of fees and formal lodgement of the application. Furtherinformation may be required prior to the acceptance of the development application by theAuthority;

I/we understand that this application will be considered lodged once the relevant application feeshave been paid;

I/we understand that if during the assessment of this application it is found to have been submittedin the incorrect assessment track the application will be refused and I/we will not be entitled to arefund or transfer of fees;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgementprocess will be considered to be the relevant documentation associated with this application. Alldevelopment application documentation will be made available for public inspection including viathe Internet unless exclusion has been approved;

If the time for deciding the application (prescribed period) has ended and a decision has not beenreached I/we understand that the application will be deemed refused and the Environment andPlanning Directorate will not provide written advice of this decision. I/we also understand that theEnvironment and Planning Directorate is able to still consider the application and make a decisionafter the expiration of the prescribed period;

I/we hereby authorise the Environment and Planning Directorate its servants and agents to erectsign/s on the subject property(s) as required;

I/we hereby authorise ACT Government officers to access the subject property(s) for the purposeof evaluating the proposal(including the inspection of driveways and trees);

I/we (lessee) appoint the applicant whose signature appears in the attached letter of appointmentto act on my/our behalf in relation to this Development Application. This authorises the applicant topay all application fees, bonds and securities, liaise with the Environment and Planning Directoratewhen required, alter, amend or provide further information as necessary and receive anycommunications relating to this Development Application;

I understand that costs associated with the relocation of any engineering services (light poles,storm water, sumps etc) will be at my expense and that I will indemnify the ACT Government, its

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http://www.actpla.act.gov.au/topics/your_say/comment/pubnotehttp://www.legislation.act.gov.au/af/2014-73/default.asp

servants and agents against any claims arising during the relocation of these services;

I understand that construction of any driveway associated with this application may not commenceuntil the contractor has received endorsement by the relevant government entity;

I understand that a Certificate of Design Acceptance and a Road Opening Permit and TemporaryManagement Plan must be obtained from the relevant government agencies prior to the start ofconstruction works;

I/we declare that all the information given on this form and its attachments is true and complete;

If lodging on behalf of a company, organisation or Government agency: -

I/we declare I/we have the appropriate delegation or authority to sign on behalf of the company,organisation or Government agency.

I declare that I am the person shown in this eDA form as the Applicant, and by clicking theACCEPT button below I understand that this replaces my requirement to sign a hard copy of thisapplication.

I accept the above declarations

Accept

Acceptance date

15 Feb 2017

Before Submitting

You have almost completed the first stage of your Development Application/Pre-Applicationrequest. PLEASE ENSURE YOUR WIZARD SESSION IS SAVED BEFORE PROCEEDING.This will enable you to resume your session in the event of a system outage or other interuption.

When you click on Finish below, you will be navigated to a new page which will enable you toupload any associated plans/documents prior to submitting to EPD for review.

Development applications (DAs) can be delayed unnecessarily because EPD does not have allthe information it needs to undertake an assessment and make a decision.To avoid delays ensure all required sections of the wizard are answered correctly and all requireddocumentation is uploaded. In particular:1. A signed appointment letter from all lessee's must be provided if works are to performed on theverge, a signed endorsement letter must be provided by the relevant Government Custodian;2. Public register plans for residential applications are included;3. You MUST include a statement against the criteria for development applications that will beassessed in the Merit track;4. If the application is for a single unit on a unit titled block body corporate authorisation is requiredif there is works on a common propertyIf you are still not sure how to proceed or want to ensure you have everything you need for your

Page 12 of 13


application, you can visit the EPD Customer Service Centre, 16 Challis Street, Dickson, or call uson 6207 1923 and ask to speak with a technical officer.

Privacy Notice

The personal information on this form is provided to the Environment and Planning Directorate(EPD) to enable the processing of your application. The collection of personal information isauthorised by the Planning and Development Act 2007. If all or some of the personal informationis not collected EPD cannot process your application. The Planning and Development Act 2007requires the details of applications, decisions and orders to be kept on a register and madeavailable for public inspection. Information and documentation relevant to a developmentapplication may be made available via the Internet. The personal information you provide may bedisclosed to Australian Bureau of Statistics, ACT Revenue Office, the Registrar General’s Office,ACTEW Corporation, ActewAGL, Territory and Municipal Services Directorate and otherGovernment agencies with a direct interest in the development assessment process. Theinformation may also be disclosed where authorised by law or court order, or where theDirectorate reasonably believes that the use or disclosure of the information is reasonablynecessary for enforcement-related activities conducted by, or on behalf of, an enforcement body.EPD’s Information Privacy Policy contains information about how you may access or seek tocorrect your personal information held by EPD, and how you may complain about an allegedbreach of the Territory Privacy Principles. The EPD Information Privacy Policy can be found atwww.environment.act.gov.au

Does the Commonwealth Environment Protection and Biodiversity Conservation Act 1999(EPBC) affect your proposal?

The EPBC came into operation on 16 July 2000. It establishes an environmental assessment andapproval system that is separate and distinct from the ACT system. It does not affect the validity ofACT development assessment and approval processes, but may affect the assessment track. TheACT cannot provide preliminary advice on whether a proposal falls within the definition of acontrolled action, or requires referral to the Commonwealth. You should consult with theCommonwealth to determine if your proposal is a controlled action before seeking any approvalsunder the Planning and Development Act 2007. For information about the EPBC, including thereferral process and when a referral should be made, contact: the Department of Sustainability,Environment, Water, Population and Communities, GPO Box 787, CANBERRA ACT 2601Telephone: 62741111

Contact Details: Environment and Planning Directorate Customer Service Centre GPO Box158, Canberra City 2601 16 Challis Street, Dickson ACT 2602 Business Hours: 8.30am to4.30pm weekdays (excluding Public Holidays) Phone: (02) 6207 1923 Email:[email protected] Website: www.environment.act.gov.au

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http://www.environment.act.gov.au

1

Direct Sale of Land Eligibility ApplicationCommercial

Name of Applicant:

Date of application: / /Received (office use): / /

2

Section A InstructionsComplete and submit this Direct Sale of Land Eligibility Application to the Economic Development Directorate (EDD) to find out if you are eligible to apply for a direct sale of land for commercial use. Part of your application requires that you make a relevant business case for your proposal, to provide justification for a direct sale of the land rather than a sale by other means. This form is designed to help you communicate your business case. For this reason, it is essential that you fill in all sections as directed and attach all supporting evidence that is requested.For more information on the direct sale of land process, go to the EDD website www.economicdevelopment.act.gov.au

Completing your Eligibility ApplicationREAD Read the Eligibility Application taking note of the symbols:

Denotes supporting documentation that you are required to attach; Denotes that you may need help from a property professional; and Denotes that you should go to the Help Section at Section K at the end of this document for information on relevant legislation and links.

COMPLETE Complete all sections of the eligibility application. Follow the questions in sequential order unless directed otherwise. Note: If a section is ‘not applicable’ to your application this must be stated.

ATTACH Attach all relevant documentation that is requested. Please note that if at any point you do not have enough room to list all that is required, please attach the information and mark this clearly on your application.

SIGN The Statutory Declaration must be completed by the person authorised to represent the applicant and that person’s name, address and occupation must be stated.

SUBMIT Submit your completed application (one hard copy and one disk copy saved in PDF format) and your supporting documentation (one hard copy of each).

Submitting your applicationBy mail Director, Sustainable Land Strategy

Economic Development Directorate GPO Box 158 CANBERRA CITY ACT 2601

In person Director, Sustainable Land Strategy Economic Development Directorate Level 6, Transact Building 470 Northbourne Avenue DICKSON ACT

EnquiriesContact Direct Sales, Sustainable Land Strategy, Economic Development Directorate on (02) 6205 1632

DISCLAIMER:This material is provided as guidance for applicants and no undertaking or representation is made that an applicant would be eligible for the grant of land by answering the questions in the attached forms or following the procedures herein. Applicants should consult the relevant legislation and where appropriate, obtain their own legal advice.

http://www.economicdevelopment.act.gov.au

3

Q1 Applicant Details Enter the applicant details (the name in which the lease will be granted) for your company or partnership

Company Name:

ABN:

Address: Unit: Street number: Street name or PO Box:

State: Postcode: City/Suburb/Town

Phone number:

Email:

Q2 Directors, Partners and Associates Enter the full names, addresses and occupations of all directors, partners and associates

Name:

Position:



Name:

Position:



Name:

Position:



Q3 Parent Company If your company is a subsidiary, provide details about your parent company

Name:

Place of incorporation:Relationship: Wholly controlled Partially controlled

Section B Your Details

4

Q4 Subsidiaries If your company is a holding company, provide details about your subsidiaries

Name:


Name:


Q5 Trading Names If your company uses other trading names, provide contact details for each

Trading Name:



Phone number:

Trading Name:



Phone number:

Q6 Representatives Enter the contact details for a primary and a secondary contact who will act as your representative during the direct sale of land process.Primary Representative:

Position:



Phone number:

Email:

Secondary Representative:

Position:



Phone number:

Email:

5

Q7 Bankers Enter the contact details for your company’s bankers.

Name:

Business Address: Unit: Street number: Street name or PO Box:


Phone number:

Name:



Phone number:

Name:



Phone number:

Q8 Accountants Enter the contact details for your company’s accountants.

Name:



Phone number:

Name:



Phone number:

Name:



Phone number:

6

Q9 Solicitors Enter the contact details for your company’s solicitors.

Name:



Phone number:

Name:



Phone number:

Name:



Phone number:

7

Section C Your ProposalQ10 The Land Describe why you want the land and how you will use it. What types of business activities will you

perform? What types of goods and services will you provide?

8

Rationale and Alternatives In the following questions describe why your company needs to obtain the land through direct sale and what other options you have considered:

Q11 Explain why you need to obtain land through a direct sale, rather than another process:

Q12 If your company has investigated alternatives to a direct sale of land, describe the actions you have taken:

9

Section D Proposal SpecificsQ13 The Site Do you have a preferred site?

Yes ► Go to Q14 No ► Go to Q24

Q14 If you have a preferred site, please provide details: Block: Section: Division:

Size (m2) Current Territory Plan Zoning

Why this site is preferred:

Q15 The Land Use Attach a sketch plan of the ideal site layout, including:• Proposed buildings• Car parking facilities• Public access arrangements

You should also indicate the staging of the development

Q16 Contiguous Land Are you making an application for contiguous unleased land as described in Section 110 or Section 122 of the Planning and Development Regulation 2008?


Q17 Is the land for the proposed lease adjoining land on which you hold a current lease?Yes ► Go to Q20 No ► Go to Q18

Q18 Are you submitting this application to rectify an encroachment so the existing lease can be subdivided under the Unit Titles Act 2001? (Examples of such encroachments include balconies or signs that cross a boundary into unleased land)


Q19 Explain how your proposal would facilitate the achievement of a good planning outcome?

10

Q20 Explain why the contiguous land would not be viable for separate lease because of its size, location or configuration:

Q21 Explain how your proposal maintains or enhances the amenity of the surrounding area:

Q22 Explain how your proposal will promote better land management, including how it will not unreasonably restrict public access to other land:

Q23 Does the Territory Plan identify this land as public land?


11

Q24 Unknown Site If you do not have a preferred site, provide details about the type of site you require:

Land area estimate (m2): Preferred location:

Why this site is preferred:

Q25 The Buildings Describe the proposed buildings:

Type of building:

Gross floor area (m2):

Type of building:


Type of building:


Type of building:


Type of building:


Total floor area (m2):

Q26 If your proposed activity has any special location, land or building requirements, describe those requirements:

Q27 Car Parking Facilities Describe the proposed car parking facilities for your proposal:

12

Q28 The Development Schedule Explain how you will schedule the development. If you will develop the land in stages, describe the stages and the estimated timeframe:Stage 1:

Start date: End date:

/ / / /Stage 2:


/ / / /Stage 3:


/ / / /Stage 4:


/ / / /Stage 5:


/ / / /Q29 The Management Explain how you will maintain the viability of this development into the future, including its social,

economic and environmental sustainability

13

Q30 Activities or Services Describe your company’s business activities: the goods and services your company provides

Q31 Date of Incorporation and/or ASIC Registration Enter the date of your company’s incorporation:

/ / Attach your certificate of incorporationQ32 Is your company registered with the Australian Securities and Investments Commission (ASIC)?

Yes ▼ No ► Go to Q33 Enter date on which your

company was registered, then go to Q33

Date: / /Q33 Current Employees Enter the approximate number of staff employed by your company:

Q34 Future Employees Estimate the number of employees that you expect will be engaged in the proposed activity over the next 5–10 years:

Attach a copy of your annual report and any other evidence, such as a personnel forecast extracted from a business plan, to substantiate the future employee estimates

Section E Your Company

14

Q35 Current Land Holdings If your company currently holds land in the ACT or region identify the land, explain how you’re using it and why it cannot accommodate the proposed developmentSite 1: Block: Section:

Street number: Street nameAddress:


Lease period:

Land use:

Is this site fully developed?

Yes No

Why it can’t be used for the proposed development?Site 2: Block: Section:



Lease period:

Land use:


Yes No




Lease period:

Land use:


Yes No




Lease period:

Land use:


Yes No

Why it can’t be used for the proposed development?

15

Q36 Previous Direct Sales Has your company (including any parent or subsidiary entities) ever previously applied for a direct sale of land?

Yes ▼ No Provide details below:

Q37 Other Projects If your company has other land development projects in progress in the ACT or other jurisdictions, provide a brief description and the estimated costs of each:Project description and location:

Estimated costs:

Project description and location:

Estimated costs:


Estimated costs:


Estimated costs:


Estimated costs:


Estimated costs:


Estimated costs:


Estimated costs:


Estimated costs:

Total estimated costs:

16

Q38 Attach audited financial statements from the previous two financial years

Q39 Attach bank statements for the two previous financial years

Q40 Costs Itemise your cost estimates for the acquisition, development and maintenance of a parcel of land. NOTE: You may be required to contribute to the cost of offsite infrastructure works. Please consider this when providing your estimates.

Land acquisition

Land (based on the area required) Cost Estimate:

Professional services and advice Cost Estimate:

Other Cost Estimate:

Subtotal Cost Estimate:

Land development

Approvals Cost Estimate:

Buildings Cost Estimate:

Fit-outs, plant and equipment Cost Estimate:

Landscaping Cost Estimate:

Car parking Cost Estimate:



Subtotal Cost Estimate:Contingency (15% of the land development subtotal) Cost Estimate:

Land management


Annual maintenance Cost Estimate:


Subtotal Cost Estimate:Total estimated costs (sum of ALL subtotals plus contingency)

Section F Your Financial Capacity

17

Q41 Funding List all of your funding sources for the acquisition, development and maintenance of the land:Grants Amount:

Subtotal:

Attach one of the following for each grant:• A letter of support from each source that states the amount of funds they are willing to commit to the project• A document that shows you have applied for a grant, stating the amount of funding, the circumstances on which

the grant is based and the expected decision date

Loans Amount:

Subtotal:

Attach a letter of support from each source (bank or other) that states the amount of funds they are willing to commit to the project

Cash Amount:

Subtotal:

Attach current account statements that show the total amount of the cash holdings for each source

Other, including partnerships Amount:

Subtotal:

Attach supporting documents. Where there is a partnership:• Attach a formalised contract indicating the relationship between your company and the funding partner• Attach your partner’s audited financial statements from the twp previous financial years• Attach your partner’s bank statements for the two previous financial years

Total:

18

Q42 Totals Confirm that the total funding exceeds the total estimated costs

Funding (enter funding total from Q41):

Costs (enter costs total from Q40):

Difference (funding – costs):

Is the difference (funding – costs) positive?Yes ► Go to Q46 No ► Go to Q43

Q43 Is the difference greater than the contingency calculated in question Q36?Yes ► Go to Q44 No ► Go to Q46

Q44 Will you fund the difference by obtaining additional financing?Yes ▼ No ► Go to Q45

Explain your reasoning:

Q45 Will you fund the difference by scaling back the development?Yes ▼ No ► Your funding is insufficient to submit this application.

Explain your reasoning: ▼ You may wish to consider the following questions:• Can you revise your proposal so that it can

be achieved with your current level of funding?• Can you seek additional sources of funding?

19

Q46 Section 240 (2) of the Planning and Development Act 2007 states that for a lease to be granted by direct sale other than in accordance with the prescribed criteria (i.e. for commercial entities) you must demonstrate that your proposal meets one or more grant objectives listed. You must demonstrate that a sale by other means (i.e. a competitive process on the open market) is not likely to meet a grant objective or is unlikely to meet an objective to the same extent as a grant of lease by direct sale.The grant objectives identified in legislation are listed below. Please state how your company meets at least one of these objectives:

• Benefit the economy of the ACT or region;• Contribute to the environment, or social or cultural features in the ACT;• Introduce new skills, technology or services in the ACT;• Contribute to the export earnings and import replacement of the ACT or region; or• Facilitate the achievement of a major policy objective.

Section G Public Benefit

20

Q47 Expertise and Experience Describe the expertise, experience and any qualifications of your staff or contractors in relation to:

• Developing land• Managing land• Operating the proposed business

Name:

Employment status:Permanent Contractor Other:

Qualification/s:

Expertise/experience:

Name:


Qualification/s:


Name:


Qualification/s:


Name:


Qualification/s:


Section H Your Capabilities

21

Q48 Describe any other resources your company has at its disposal to do all of the following:• Develop land• Manage land• Operate the proposed business

22

Statutory Declarations Act 1959 (Commonwealth)I, [name, address and occupation of person making the declaration]

Make the following declaration under the Statutory Declarations Act 1959 (Commonwealth):That the answers to questions and the statements made in this application are true and correct in every particular.

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959 (Commonwealth), and I believe that the statements in this declaration are true in every particular.

Signature: [of person making declaration]

Declared at: [place] on: [day]

of: [month] [year]

Before me,

Signature: [of person before whom the declaration is made]

Section I Statutory Declaration

23

Overall Checklist Before submitting this eligibility application form, please check that you have done all of the following:General You have followed the questions in sequential order, completed all that you were directed to

answer and attached all documents requested (complete the “attachment checklist” over page)Any questions that you were directed to fill in but were not applicable to you are clearly stated as “N/A”

Section B The applicant listed is the name in which the lease is to be granted. Note: for contiguous land this must be the existing lessee.

Section C You have clearly stated why you need to obtain the land through direct sale rather than another process

Section D You have clearly identified whether the block you are applying for is contiguous landSection E All current developments, previous direct sales and current leases of your business are listed.Section F You have used the correct contingency in your calculations.

Note: If funding is to be provided from a parent company, subsidiary, or another organisation etc., you must confirm the relationship and provide confirmation of that funding support (financial information must be current i.e. within the last six months).

Section G You have noted the public benefits of your proposal

Section H You have described the expertise, experience and any qualifications of your staff or contractors in relation to developing land, managing land and operating the proposed business.

Section I You have completed and signed the statutory declaration

Attachment Checklist Before submitting this eligibility application form, please check that you have attached all of the following documents:Required for all applications

Q15 Attach a sketch plan of the ideal site layout, including:• Proposed buildings• Car parking facilities• Public access arrangements

You should also indicate the staging of the development

Q31 Attach your company’s certificate of incorporation

Q34 Attach a copy of your annual report and any other evidence, such as a personnel forecast extracted from a business plan, to substantiate your future employee estimates

Q38 Attach audited financial statements from the previous two financial years

Q39 Attach bank statements for the two previous financial years

Only attach if directed to do so Q41 If your funding source is grants, attach one of the following for each grant:• A letter of support from each source that states the amount of funds they

are willing to commit to the project• A document that shows you have applied for a grant, stating the amount of

funding, the circumstances on which the grant is based and the expected decision date

Q41 If your funding source is a loan, attach a letter of support from each source (bank or other) that states the amount of funds they are willing to commit to the project

Q41 If your funding source is cash, attach current account statements that show the total amount of the cash holdings for each source

Q41 If you have any other funding sources, including partnerships, attach supporting documents.Where there is a partnership:

• Attach a formalised contract indicating the relationship between your company and the funding partner

• Attach your partner’s audited financial statements from the two previous financial years

• Attach your partner’s bank statements for the two previous financial years

Section J Checklists

24

Section K Help SectionThe following list of legislation and links may be helpful in completing this form.

Useful Legislation All ACT Legislation can be accessed at www.legislation.act.gov.auPlanning and Development Act 2007

• Section 240 (2) provides the circumstances where a direct sale of land may be considered other than in accordance with prescribed criteria

• Section 240 (4) lists specified grant objectivesPlanning and Development Regulation 2008

• Section 110 and Section 122 relate to contiguous land• Section 110 (1) provides an example of a good planning outcome

Territory PlanUnit Titles Act 2001

Other Important Links The ACT Economic Development Directorate (EDD) website www.economicdevelopment.act.gov.au

• For more information on the direct sale of land process visit direct land sales on the EDD website

http://www.legislation.act.gov.au/http://www.legislation.act.gov.au/a/2007-24/current/pdf/2007-24.pdfhttp://www.legislation.act.gov.au/sl/2008-2/current/pdf/2008-2.pdfhttp://www.legislation.act.gov.au/ni/2008-27/current/default.asphttp://www.legislation.act.gov.au/a/2001-16/current/pdf/2001-16.pdfhttp://www.economicdevelopment.act.gov.auhttp://www.laps.act.gov.au/land_release/direct_sales

Purdon Planning Pty Ltd Unit 4 Cooyong Centre 1 Torrens St Braddon ACT 2612 Ph: 02 6257 1511 www.purdon.com.au

2nd December, 2016

LIST OF INTERESTED PARTIES

DA201630668 Block 9 Section 8 Fyshwick

Capital Recycling Solutions Pty Limited

Please note there are no Interested Parties for this block and section.

01 Copy of Email Correspondence to Adam Perry - Minister's approval02a DS 2015 - 217 - Brief to Minister for Planning - Approved02b DS 2015 - 217 - Brief to Minister for Planning -02c DS 2015 - 217 - Brief to Minister for Planning - Somerset Rehabilitation Pty Ltd -03 20170215 APP-201630668-03 aliasx Comments LRAC CirculationCOMMENTS - Redacted - ActewAGL Electrical - LRAC Circulation - Access Recycling - direct sale of Block 11 Section 8 Fyshwick - 10 November 2015 copy#2COMMENTS - Redacted - EPD Infrastructure Planning - Fyshwick Section 8 Block 11 LRAC circulation direct sale request - 28 October 2015 copy#2COMMENTS - Redacted - EPD Merit Assessment - LRAC Circulation - Access Recycling - direct sale of Block 11 Section 8 Fyshwick - 25 November 2015 copy#2COMMENTS - Redacted - EPD Planning Policy - FYSHWICK Section 8 Block 11 - Access Recycling direct sale - 11 Nov 2015 - REDACTION NOT REQUIRED#2COMMENTS - Redacted - EPD Surveyor-General - LRAC Circulation - Access Recycling - direct sale of Block 11 Section 8 Fyshwick - 23 November 2015 copy#2COMMENTS - Redacted - EPD Transport Planning - LRAC Circulation - Access Recycling - direct sale of Block 11 Section 8 Fyshwick - 30 November 2015 copy#2COMMENTS - Redacted - ICON Water - LRAC Circulation - Access Recycling - direct sale of Block 11 Section 8 Fyshwick - 11 November 2015 copy#2COMMENTS - Redacted - TAMS Asset Acceptance - LRAC Circulation - Access Recycling - direct sale of Block 11 Section 8 Fyshwick - 25 November 2015 copy#2COMMENTS - Redacted - TAMS Licencing and Compliance - LRAC Circulation - Access Recycling - direct sale of Block 11 Section 8 Fyshwick - 27 October 2015 copy#2COMMENTS - Redacted - TransACT - LRAC Circulation - Access Recycling - direct sale of Block 11 Section 8 Fyshwick - 28 October 2015 copy#2

y 20151015 DIrect Sale of Land Eligibility Application SUPP-201630668-01 copyDirect Sale of Land Eligibility Application CommercialInstructions Your Details Your Proposal Proposal Specifics Your Company Your Financial Capacity Public Benefit Your Capabilities Statutory Declaration Checklists Help Section

z INTPARTY-201630668-01 alias

Name of Applicant: Somerset Rehabilitation Pty. Ltd, Date of application: 15undefined_2: 10undefined_3: 15Applicant Details Enter the applicant details the name in which the lease will be granted for your company: Somerset Rehabilitation Pty. Ltd.undefined_6: 169054353Unit: Street number: 51Street name or PO Box: Dickson AvenueState: nswPostcode: 2064CitySuburbTown: ArtarmonPhone number: 94363000undefined_7: [email protected] Partners and Associates Enter the full names addresses and occupations of all directors partners and: Adam Martin Perryundefined_8: DirectorUnit_2: Street number_2: Street name or PO Box_2: "Highfield"State_2: nswPostcode_2: 2668CitySuburbTown_2: Barmedmanundefined_9: Jason Whitaker undefined_10: DirectorUnit_3: Street number_3: 12Street name or PO Box_3: Trevalsa PlaceState_3: nswPostcode_3: 2230CitySuburbTown_3: Burraneerundefined_11: Ernest Anthony Dupereundefined_12: DirectorUnit_4: Street number_4: 17bStreet name or PO Box_4: Francis StreetState_4: NSWPostcode_4: 2010CitySuburbTown_4: DarlinghurstParent Company If your company is a subsidiary provide details about your parent company: N/Aincorporation: Check Box1: OffCheck Box3: OffSubsidiaries If your company is a holding company provide details about your subsidiaries: N/Aincorporation_2: Check Box4: OffCheck Box5: Offundefined_13: incorporation_3: Check Box6: OffCheck Box7: OffTrading Names If your company uses other trading names provide contact details for each: Access Recycling ServicesUnit_5: Street number_5: 51Street name or PO Box_5: Dickson Avenue State_5: nswPostcode_5: 2650CitySuburbTown_5: ArtarmonPhone number_2: 94363000Trading Name: Access Recycling ACTUnit_6: Street number_6: 17Street name or PO Box_6: Lithgow StreetState_6: ACTPostcode_6: CitySuburbTown_6: FyshwickRepresentatives Enter the contact details for a primary and a secondary contact who will act as your representative: during the direct sale of land process: Adam PerryPosition: DirectorUnit_7: Street number_7: Street name or PO Box_7: State_7: Postcode_7: CitySuburbTown_7: Phone number_3: 0408762296undefined_14: [email protected]: Vickal PrasadPosition_2: Commercial ManagerUnit_8: Street number_8: 51Street name or PO Box_8: Dickson AvenueState_8: NSWPostcode_8: 2650CitySuburbTown_8: ArtarmonPhone number_4: 94363000undefined_15: [email protected] Enter the contact details for your companys bankers: James Hodgeson - CBABusiness Address Unit: Street number_9: 24Street name or PO Box_9: Honeysuckle DriveState_9: NSWPostcode_9: 2300CitySuburbTown_9: NewcastlePhone number_5: 49256774undefined_16: Business Address Unit_2: Street number_10: Street name or PO Box_10: State_10: Postcode_10: CitySuburbTown_10: Phone number_6: undefined_17: Business Address Unit_3: Street number_11: Street name or PO Box_11: State_11: Postcode_11: CitySuburbTown_11: Phone number_7: Accountants Enter the contact details for your companys accountants: David Kean - Dunn Kean and StaffBusiness Address Unit_4: Street number_12: Street name or PO Box_12: Po Box 177State_12: NSWPostcode_12: 2753CitySuburbTown_12: RichmondPhone number_8: 45781255undefined_18: Business Address Unit_5: Street number_13: Street name or PO Box_13: State_13: Postcode_13: CitySuburbTown_13: Phone number_9: undefined_19: Business Address Unit_6: Street number_14: Street name or PO Box_14: State_14: Postcode_14: CitySuburbTown_14: Phone number_10: Solicitors Enter the contact details for your companys solicitors: Mia McCumstie - Tiernan LawyersBusiness Address Unit_7: Street number_15: 28Street name or PO Box_15: KingswayState_15: NSWPostcode_15: 2230CitySuburbTown_15: CronullaPhone number_11: 95271899undefined_20: Business Address Unit_8: Street number_16: Street name or PO Box_16: State_16: Postcode_16: CitySuburbTown_16: Phone number_12: undefined_21: Business Address Unit_9: Street number_17: Street name or PO Box_17: State_17: Postcode_17: CitySuburbTown_17: Phone number_13: perform What types of goods and services will you provide: Access Recycling Services operates Canberra's largest metal recycling facility at 17 Lithgow Street, Fyshwick, adjacent to the subject land. In November 2014, we signed a licence agreement with John Holland Rail and Transport for NSW to lease the Kingston Rail Terminal for a 2 year period. In March 2015 we began operating a weekly rail freight service from Kingston to Port Botany, the first container train to operate out of the ACT in 30 years. As a result, we were able to sell 6 of our b.double trucks that would normally use the highway on a daily basis. The rail service continues each week, carrying between 50 and 60 loaded shipping containers of recycled metal to Port Botany, from where we export to our clients in South East Asia. Most weeks we also carry an number of containers for other Canberra exporters who are seeking to reduce their transport costs.

During the recent wet winter we experienced a lot of difficulty with the surface breaking up in Kingston. Our large container handling forklifts continuously had problems getting stuck in the mud beneath the crumbling bitumen surface, causing many delays. We spent in excess of $100,000 to excavate the mud holes and improve drainage. This helped but did not solve the problem. At one point we almost abandoned the idea of using rail transport. With only 18 months left on our lease we cannot justify spending several hundred thousand dollars more to rebuild the terminal surface. We understand that eventually the site will be redeveloped as a residential area.

Our proposal is to relocate our freight terminal from Kingston to Fyshwick. We would be able to build a proper forklift operating hardstand and secure our rail transport operation. This would also allow us to cease 50 truck movements each week from Fyshwick to Kingston, as the proposed terminal is adjacent to our metal recycling facility. In addition, the ACT Government could look to redevelop the Kingston terminal as a residential area.Q11 Explain why you need to obtain land through a direct sale rather than another process: Other than continuing to use the Kingston terminal, we have no other rail options. If the Kingston terminal deteriorates further with wet weather, we will have no option but to return to road transport. That would mean 50 trucks per week, each way between Sydney and Canberra.

We have in-principal support from John Holland Rail, who represent Transport for NSW, to lease the 'south shunt'. This is a disused rail siding adjacent to the subject land. We will be able to park and load our train on the south shunt. Securing the subject land is essential for this to happen. There are no other alternatives.Q12 If your company has investigated alternatives to a direct sale of land describe the actions you have taken: As described above, there are no alternatives to our proposalCheck Box8: YesCheck Box9: OffBlock: 11Section: 8Division: FyshwickSize m2: Current Territory Plan Zoning: industrial mixed useQ15 The Land Use Attach a sketch plan of the ideal site layout including: It is adjacent to 2 sites that we occupy: 17 Lithgow Street - leased from Peter Cusack/Daeli Lithgow Pty Ltd) and 16 Ipswich Street (former Shell fuel terminal which we are in the process of purchasing). Check Box10: YesCheck Box11: OffCheck Box12: YesCheck Box13: OffCheck Box14: OffCheck Box15: OffQ19 Explain how your proposal would facilitate the achievement of a good planning outcome: 1) Our Kingston rail terminal would be closed, improving the amenity of that area. The Kingston terminal could then eventually be redeveloped for residential housing.

2) We presently have 50 truck movements each way between Kingston and Fyshwick every week. This is to transfer containers from our recycling facility to the rail terminal. Our proposal is to relocate the rail terminal to the subject land, adjacent to our recycling facility, thus stopping those truck movements.

3) Illegal waste dumping would be stopped on the subject land.

4) overgrown vegetation, including noxious weeds and unsightly rubbish would be removed.Q21 Explain how your proposal maintains or enhances the amenity of the surrounding area: The subject land would not be of any use or value to another party. It is essentially inaccessible, other than from our adjoining land. It has an active rail corridor along the other side. There would be very little prospect of ever connecting services for any other buyer. It is a narrow strip of land that would not permit vehicle movements without significant difficulty.Q22 Explain how your proposal will promote better land management including how it will not unreasonably restrict: Presently the subject land is used for illegal dumping. It is very untidy, overgrown with weeds and a potential fire hazard and vermin habitat. It is unfenced and often used as a thoroughfare for people crossing the railway line - a prohibited and potentially dangerous activity. Q23 Does the Territory Plan identify this land as public land: We would seek to enclose the land to prohibit illegal dumping and trespassing. Our proposal would not restrict authorised public access to any other land.Check Box16: OffCheck Box17: YesLand area estimate m2: Preferred location: Q25 The Buildings Describe the proposed buildings: Type of building: No buildings proposed, only concrete hardstandGross floor area: Type of building_2: Gross floor area_2: Type of building_3: Gross floor area_3: Type of building_4: Gross floor area_4: Type of building_5: Gross floor area_5: Total floor area: Q26 If your proposed activity has any special location land or building requirements describe those requirements: Rail access to the mainline. This is achievable via the 'south shunt' line. Q27 Car Parking Facilities Describe the proposed car parking facilities for your proposal: We have ample car parking spaces on our adjacent sitesdescribe the stages and the estimated timeframe: unknown at this stage, however we would seek to design and construct the rail terminal as soon as possible. We would aim to have it completed by October 2016Start date: undefined_22: undefined_23: End date: undefined_24: undefined_25: undefined_26: Start date_2: undefined_27: undefined_28: End date_2: undefined_29: undefined_30: undefined_31: Start date_3: undefined_32: undefined_33: End date_3: undefined_34: undefined_35: undefined_36: Start date_4: undefined_37: undefined_38: End date_4: undefined_39: undefined_40: undefined_41: Start date_5: undefined_42: undefined_43: End date_5: undefined_44: undefined_45: economic and environmental sustainability: Our rail transport will always be viable while ever it operates at a lower cost than road transport. Under the current arrangements, using the Kingston terminal, it is at a lower cost than road transport. Under this proposal, we will be further reducing costs and improving working conditions, thus securing its future indefinitely.Q31 Date of Incorporation andor ASIC Registration Enter the date of your companys incorporation: Access Recycling is a leading supplier of metal recycling services to the mining, rail and other heavy industries throughout the eastern states of Australia. Access Recycling processes in excess of 85,000 tonnes of metal per annum and employs 55 full time staff plus a large contingent of contract service providers. Access Recycling has permanent sites in Artarmon (Nth Sydney), Canberra, Wagga Wagga, Newcastle, Barmedman, and Cobar. Access Recycling’s Canberra site is in Lithgow Street, Fyshwick. The 1.5 hectare site has been the largest metal recycling centre in the ACT region for almost 30 years. It has annual scrap steel volumes in excess of 40,000 tonnes. The site is operated by 10 full-time staff and a number of contract service providers. The site mostly processes end-of-life cars, white goods and disused farm machinery produced in the region. It also caters for metal waste produced from Canberra’s construction, demolition and manufacturing sectors. undefined_46: 05undefined_47: 05Q32 Is your company registered with the Australian Securities and Investments Commission ASIC: 1995Check Box18: YesCheck Box19: Offgo to Q33: undefined_48: undefined_49: Q33 Current Employees Enter the approximate number of staff employed by your company: 55 (although nil in the purchasing entity here)the next 510 years: none additionalBlock_2: Section_2: Street number_18: Street name: State_18: Postcode_18: CitySuburbTown_18: Lease period: Land use: Not applicable - the subject land only allows for the relocation of the rail terminalCheck Box20: OffCheck Box21: OffWhy it cant be used for the: Block_3: Section_3: Street number_19: Street name_2: State_19: Postcode_19: CitySuburbTown_19: Lease period_2: Land use_2: Check Box23: OffCheck Box22: OffWhy it cant be used for the_2: Block_4: Section_4: Street number_20: Street name_3: State_20: Postcode_20: CitySuburbTown_20: Lease period_3: Land use_3: Check Box24: OffCheck Box25: OffWhy it cant be used for the_3: Block_5: Section_5: Street number_21: Street name_4: State_21: Postcode_21: CitySuburbTown_21: Lease period_4: Land use_4: Check Box26: OffCheck Box27: OffWhy it cant be used for the_4: Check Box28: OffCheck Box29: YesQ37 Other Projects If your company has other land development projects in progress in the ACT or other jurisdictions: provide a brief description and the estimated costs of each: several developments interstate, details available if required.Estimated costs: and location: Estimated costs_2: and location_2: Estimated costs_3: and location_3: Estimated costs_4: and location_4: Estimated costs_5: and location_5: Estimated costs_6: and location_6: Estimated costs_7: and location_7: Estimated costs_8: and location_8: Estimated costs_9: estimated costs: Land based on the area required Cost Estimate: $10,000Cost Estimate: $5,000Cost Estimate_2: Cost Estimate_3: $15,000Cost Estimate_4: $20,000Cost Estimate_5: $500,000 (proportion of concrete hardstand)Cost Estimate_6: Cost Estimate_7: Cost Estimate_8: Cost Estimate_9: Cost Estimate_10: Cost Estimate_11: $520,000Cost Estimate_12: $78,000Cost Estimate_13: Cost Estimate_14: Cost Estimate_15: Cost Estimate_16: Total estimated costs sum of ALL subtotals: Grants: Amount: undefined_50: undefined_51: undefined_52: undefined_53: undefined_54: undefined_55: Subtotal: undefined_56: undefined_57: Loans: Amount_2: undefined_58: undefined_59: undefined_60: undefined_61: undefined_62: undefined_63: Subtotal_2: undefined_64: Attach a letter of support from each source bank or other that states the amount of funds they are willing: Cash: From our trading companyAmount_3: $613,000undefined_65: undefined_66: undefined_67: undefined_68: undefined_69: undefined_70: Subtotal_3: undefined_71: Attach current account statements that show the total amount of the cash holdings for each source: Other including partnerships: Amount_4: undefined_72: undefined_73: undefined_74: undefined_75: undefined_76: undefined_77: Subtotal_4: undefined_78: Attach supporting documents Where there is a partnership: Attach your partners bank statements for the two previous financial years: $613,000Q42 Totals Confirm that the total funding exceeds the total estimated costs: $613,000undefined_79: $613,000undefined_80: Check Box30: OffCheck Box31: YesCheck Box32: OffCheck Box33: OffCheck Box34: OffCheck Box35: OffExplain your reasoning: Check Box36: OffCheck Box37: Offundefined_81: undefined_82: 1) We will continue to develop our rail business. As mentioned above, almost every week we transport a small number of 3rd party shipping containers for other Canberra based exporters. We are presently negotiating with several timber exporters and a number of retail goods importers. We aim to provide them with a low cost connection to Port Botany for their goods. Under this proposal we are able to reduce our rail transport costs by closing Kingston which has ongoing site maintenance problems (ground failure). The Kingston lease also expires at the end of 2016. In addition, relocating the rail terminal to Fyshwick actually brings it closer to many of our potential clients, thus making it more attractive.

2) Rail transport has many environmental, safety and community benefits over road transport. Until Access Recycling began running its export metals train, Canberra was the only Capital City in Australia without a rail freight service. Now it has one. We seek to build on it. We are having some success with this, our trains are running more frequently and with bigger payloads. Improving our terminal will help significantly.

3) The Kingston terminal is capacity constrained due to its small size. We already experience early signs of congestion problems when we run larger than usual trains. Relocating the terminal to Fyshwick will not only allow us to develop the existing rail business but also position us with a capability to handle major projects. For example, if we were to consider the entire ACT waste stream for off-site recycling, our proposed facility would have the capacity for that. Kingston does not.undefined_83: Robert TaylorCheck Box38: YesCheck Box39: OffOther: Qualifications: Perway (Railway) Design Engineerexperience: Bob was a Senior Project Delivery Manager for Australian Rail Track Corporation for more the 20 years. He was the delivery manager for the construction of the Alice Springs to Darwin railway line and the ARTC interstate network re-sleepering. He is now a partner in Access Railway Services and COO of Access Recycling.Employment status: Check Box40: OffCheck Box41: OffOther_2: Qualifications_2: experience_2: Employment status_2: Check Box42: OffCheck Box43: OffOther_3: Qualifications_3: experience_3: Employment status_3: Check Box44: OffCheck Box45: OffOther_4: Qualifications_4: experience_4: undefined_84: The company has significant resources in this regard. We have recently completed a 5 year remediation and development project of a 6 hectare industrial site in Newcastle. Having successfully removed all contaminated soils and constructed new road access, the site is now being sold.

We are presently constructing a $10 million metal shredding plant in Adelaide. The facility will provide a guaranteed supply of recycled and cleaned metal for melting by Intercast and Forge, a large steel mill in Adelaide with more than 600 employees. Access Recycling is contracted to be their exclusive supplier for the next 10 years.

While we have a large fleet of trucks and earthmovers, it is anticipated that we would engage others with railway siding construction experience to undertake these works. However, we have experienced people within our business to successfully manage the project.I name address and occupation of person making the declaration: Adam Martin Perry, of "Highfield" Barmedman, NSW, Company Director,

Sparke, Chris...1 Sparke, Chris From: Sparke, Chris Sent: Tuesday, 3 May 2016 9:40 AM To: Adam Perry...

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Transcript of Sparke, Chris...1 Sparke, Chris From: Sparke, Chris Sent: Tuesday, 3 May 2016 9:40 AM To: Adam Perry...