The ACT government won't consider calls from neighbouring residents for the Northbourne House office block to be redeveloped in line with strict Mr Fluffy asbestos removal rules.
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Residents of the Monarch apartment building in Turner expressed strong concerns about the removal of dangerous amosite and chrysotile asbestos in debris, dust and sheeting and have called for the development application process to be reopened.
The 10-storey former Defence building is set to be redeveloped as a 176 room hotel and apartment development. A hazardous materials report notes the presence of friable and bonded asbestos, including some with the second highest risk rating.
Other materials found in the building include lead paint synthetic mineral fibres and congener materials. Residents of the apartment complex next door told the government's Environment and Planning Directorate that some local property owners could have missed the opportunity to consider the application as the process was conducted over the Christmas period.
In 2014, the building was the subject of a two-day investigation after a disproved claim about the presence of loose-fill asbestos dating back to the 1990s.
In the submission, Monarch residents Colin Farlow and Karen Gallie called for an extension of the public consultation process to allow for the government's asbestos taskforce and WorkSafe ACT to provide feedback. The public response period closed on January 14.
They argued the guidelines developed as part of the Mr Fluffy loose-fill asbestos buyback scheme could create "different classes" of Canberra citizens, if not applied to large, non-residential developments like Northbourne House.
"The health of Canberrans is paramount and must be put above any economic considerations. Like the neighbours of Mr Fluffy homes, all local residents ought to be advised of the process for and timing of the removal of asbestos in Northbourne House, regardless of whether or not they have read the development application."
The Mantra Hotel group is building a full-service hotel with a mix of 136 rooms and 40 suites across eight accommodation levels, as well as a restaurant and bar, conference rooms, gym and car parking.
Future stages of the precinct, dubbed Midtown, would also include terraces with 27 residential apartments while a future commercial development could be built on green space at the corner of Northbourne Avenue and Macarthur Avenue. The development application includes the demolition of the existing three storey office annex and multi-storey carpark and underground car parking added.
The residents cite the federal government's strategic plan for asbestos management and awareness, including principles for prevention of exposure such as evidence-based decision making, transparency and precaution.
"As Monarch residents we live directly adjacent to Northbourne House and are deeply concerned that activities associated with the proposed development carry unacceptable risks and potentially terminal consequences to our health and welfare if they are not conducted in a transparent, regulated and stakeholder-involved manner," the submission said.
"We also believe that current processes for dealing with the hazardous materials in a commercial building in close proximity to residential properties may not be sufficient to manage risks to residents and passers-by and are inconsistent with processes adopted for residential properties adjoining or near to so-called Mr Fluffy homes."
A government spokeswoman said removal of bonded or friable asbestos in this building would be undertaken by licensed asbestos assessors and removalists with WorkSafe ACT assessments.
"There would be no risk during removal to neighbouring residents," she said.
"There are no plans to re-notify the development application at this time. The [application] is currently under assessment by the Planning and Land Authority. The submission received will be considered in the assessment process and will form part of the final decision."
Mantra Group sales director Kent Davidson said the company had no involvement in the development phase of the project and would not comment.
A second development application for a new six storey, mixed use building on David Street will be notified this week for a 15 business-day period.