Road Closure and the Lack of Notice

On 25 November, two residential premises along the South Costerfield Graytown Road received the following letter. 

According to Condition 21 of the works Permit Number WWRR04255:

The Proponent shall provide 3 days advance notice to the public and other authorities where affected by works.

Notice received from Mandalay Resources on 25 November to announce works on 27 November. The contractors have quite correctly notified Mandalay on 24 November, but their notification was not forwarded to the public by the mine until the next day.

That's apparently three days notice.

But wait, there's more.

Mr Gilbert Cochrane operates a sheep farm along the South Costerfield-Graytown Rd on a property that has been farmed continuously since Selection in the 1850s. He gains access to his property via a gate on the South Costerfield-Graytown Rd. 

Mr Cochrane is not unknown to the mine as he was a member of the ERC from 2004 to 2013.

Mr Cochrane received no notice whatsoever from the mine. None.

Fortunately his neighbours forwarded to him a copy of the works notice above on 25 November. And so, after calling the contractors and being assured that works would not commence, he sent a letter to the Planning and Development Director Ms Prue Mansfield.

26 November 2014.

Gilbert J. Cochrane
55 Kilmore Rd,
Heathcote, 3523; also
Wattle Grove, Cochranes Rd,
Costerfield, 3523.

Re: South Costerfield-Graytown Road Closure - Lack of Notification

Dear Ms Mansfield,

It came to my attention at 3.30pm on 25 November, that the South Costerfield-Graytown Road was – and I repeat was – scheduled for closure on Thursday, 27 November, 2014, in order for Mandalay Resources to link their poly pipe.

I only learned this because my neighbours Ms Pamela King and Mr Colin Leask were kind enough to inform me. They had received an email at 11.00am. Less than two days’ notice is disgraceful.

I have received no communication from either Council or from Mandalay Resources.

This is totally unacceptable. I operate a farming concern along the South Costerfield-Graytown Rd. It is a family operation that has run continuously for over 150 years. How dare you neglect to inform me of a pending restriction of access to my property. How many other residents have you failed to inform?

And less than two days’ notice is the height of ignorance. Locals travel the roads daily to check their stock. What if any of these businessmen had organised stock, silage or other transport for that day?

On Thursday, 27 November, I shall have a number of family members gathering to attend the funeral of my late brother, who died last week. We shall be visiting our Wattle Grove property in Costerfield that lies at the heart of our family property, as a form of remembrance.

There will be no road closure on that day. In light of your and your department’s ineptitude, lack of consideration and kow-towing to this mine, I have attended to the matter myself.

I attempted to contact Mandalay Resources’ Environmental Officer Joel North. His landline was unanswered and his mobile referred to a messaging service.

And so I called Rob Rye Irrigation, the company contracted to perform the work, informed them of the circumstances – as well as the fact that they have ridiculously been advised that Reservoir Road can serve as an alternate route! – and they have agreed that works will now proceed at a later date. They will contact the mine to inform them of this.

I am extremely angry at what seems a deliberate oversight by your department.

To what further lengths are you prepared to go to marginalise the Costerfield community?

Sincerely

Gilbert J. Cochrane

He received this reply. We have seen this minimalist multi-purpose piece of cut and paste already here.

The relevant paragraph in this case reads:

In response to your email of yesterday, the Planning Unit does not control works within a road reserve, this is managed by the City's Engineering and Public Space Unit, who have issued Mandalay with a Consent to conduct works within a Road Reserve permit (WWRR0425). Condition 21 of permit WWRR04255 states "The Proponent shall provide 3 days advance notice to the public and other authorities, where affected." Your letter has been forwarded to Mandalay requiring them to meet their obligation.

Another handball. Here is yet another department onto which the Responsible Authority can foist responsibility.

Mr Cochrane's brother was laid to rest on the 27 November.

And works commenced the VERY NEXT DAY on 28 November.

Three days notice. Neither Mr Cochrane nor any of the other landowners in the area received any communication from Mandalay Resources regarding the next day's works.

Mr Cochrane attempted to gain access to his property on 28 November but was hindered by the road closure. And so he sent this email:

Dear Ms Mansfield,

In your letter of yesterday you quote Condition 21 of the Planning Permit: The Proponent shall provide 3 days advance notice to the public and other authorities where affected by works.

I have already informed you that I have received no notice from Mandalay. I received a copy of my neighbours notification which they had received on 25 November for work to commence on 27 November - two days notice. On that day I was told by the contractors that work would commence at a later date.

I have still received no notice from Mandalay Resources or the contractors.

And the road has now been closed. I have just given them a mouthful.

What are you going to do about this flagrant breach of the Permit?

I received no notice initially, and I am still to receive any. One would have assumed that 'work commencing at a later date' would involve a further three days notice. Instead work has commenced the next day and no one has received notification.

Is there anything that you actually do, Ms Mansfield, other than make excuses for yourself and hand the responsibilities to someone else?

Do something about this ridiculous situation immediately. 

This mine is making you all look like absolute fools.

Sincerely 

Gilbert Cochrane 

 Ms Mansfield then had her assistant reply on her behalf, picking up a slip on our behalf re the "planning Permit" rather than the Work Permit, and saying.

Thank you for your email Mr Cochrane,

As was indicated in the letter sent yesterday, the road closure does not 
sit with Planning or within our Directorate. The condition you refer to is 
not a planning permit condition but from the Works in Road Reserve Permit. 
I have forwarded your email to our Manager of Engineering and Public 
Space, who will respond to you on this issue.

Regards,

Vanessa Collins

Executive Assistant to the Director Planning & Development – Prue 
Mansfield

Mr Cochrane has received no communication from the Engineering and Public Space Unit regarding his complaint. He has still received no notification of the road closure from Mandalay Resources.

A summary: 
The contractors notify Mandalay on the 24th re works planned for the 27th. THREE DAYS NOTICE. 
Mandalay notifies only two (2) landowners on the 25th. TWO DAYS NOTICE. 
A third landowner finds out (from neighbours - not the mine - NO NOTICE) 
and cancels the works till a "later date". THREE DAYS NOTICE BEGINS AGAIN. 
Work begins on the 28th. The two landowners first informed were not given any notice of this. THIS WOULD HAVE BEEN THREE DAYS NOTICE BUT NO NOTICE WAS GIVEN OF THE CHANGE EITHER! 
The third landowner (family farm since 1850s) has still not been given any notice. Still. NO NOTICE AT ALL. 
And no contact from the Engineering and Public Space Unit.
Still.